Key Access During Absence: Tenant Rights in Germany

As a tenant in Germany you may wonder whether and when the landlord may use a key while you are absent. This text clearly explains your rights regarding key management, the limits of a landlord's right of entry and how to protect your privacy. I also describe practical steps: which evidence is important, how to object to the landlord in writing and when legal action makes sense. The guidance is general and oriented to the relevant provisions of the BGB and procedural rules so that you can act if keys, entry or private rooms are affected.^[1]

What tenants should know legally

Basically, the BGB regulates the landlord's duties and the tenant's rights, for example regarding uninterrupted use of the rented property and maintenance duties.^[1] The landlord may not enter the private apartment without permission; use of a key by the landlord is only permissible in narrow, legally or contractually regulated exceptions, such as imminent danger or after prior agreement. In rental disputes, the local court (Amtsgericht) usually decides; higher appeals go to the Landgericht or the Federal Court of Justice (BGH).^[2][3]

Typical reasons for entry and key use

• Repairs: In case of acute damage (e.g. burst pipe) entry may be necessary.
• Agreed access: If agreed in the lease or in writing, the landlord may use keys.
• Appointment: Viewings or inspections after timely notice and appointment scheduling.
• Imminent danger: In acute danger (fire, water damage) the landlord may act without permission.

How to protect your privacy

Request a written agreement on key management if the landlord wants to keep a key permanently. Specify what the key may be used for, who has access and how you will be notified. If you refuse, do so in writing with reasons and a deadline; a sample letter helps with documentation.^[4]

Practical steps for tenants

1. Contact the landlord in writing and ask for exact reasons and times for each entry.
2. Document every communication and take photos of the apartment or damage.
3. Object in writing to unauthorized key use and set a clear deadline.
4. Seek legal advice or file a claim at the local court if your rights were violated.^[2]

FAQ

May the landlord use the key without permission?

Only in exceptional cases such as imminent danger or when there is an express agreement; otherwise entry is not permitted.

Can I request a lock change?

Yes, if there is a legitimate interest (e.g. lost keys), a change may be justified; check contractual rules.

Where can I turn if the landlord acts unlawfully?

Contact the local court (Amtsgericht) or obtain legal advice; document incidents for evidence.

How-To

1. Make contact: Call the landlord and then request written confirmation of the conversation.
2. Set a deadline: Send a short letter demanding cessation of unauthorized entry.
3. Collect evidence: Secure photos, witnesses and messages.
4. Use a template: Use a sample letter or guidance sheet for documentation.^[4]
5. Legal action: If necessary, file a claim at the local court and refer to relevant BGB rules.^[1]

Help and Support

• Local court (Amtsgericht) - jurisdiction information
• Gesetze im Internet – BGB
• Federal Court of Justice (BGH) – official site

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Zivilprozessordnung (ZPO) - information
3. [3] Bundesgerichtshof (BGH) - official site
4. [4] Federal Ministry of Justice (BMJ) - templates and guidance