Smartlocks in Shared Flats: Tenant Mistakes in Germany

Smartlocks and transponders are changing daily life in shared flats: they make entering and leaving easier but also raise questions about privacy and access rights. As a tenant in Germany you should know when landlords may request access, which co-tenant consents are required, and how to manage your data and keys securely. This guide explains common mistakes that occur in shared flats, practical steps for documentation, and the legal basics so tenants can better enforce their rights. Where I cite laws or court rulings, I point to official sources so you can read up if needed.^[1]

Why smartlocks in shared flats need special attention

Smartlocks and transponders enable more flexible key handling but also create potential for conflict: who may copy keys, who may share transponders, and how is data access managed? In a shared flat multiple tenants have different interests, so clear rules in the tenancy agreement and mutual arrangements help safeguard privacy and security.

Legal basics

Fundamentally, the German Civil Code (BGB) regulates many duties of landlords and tenants, for example maintenance and landlord access rights. The central provisions on tenancy and duties are found in §§ 535–580a BGB.^[1] Courts competent for tenancy disputes are usually local courts (Amtsgerichte); higher instances are regional courts (Landgerichte) and the Federal Court of Justice (Bundesgerichtshof).^[2] For concrete cases tenants should review the rules and court decisions or seek legal advice.

What does the BGB regulate?

The BGB requires landlords to keep the rented property in a contractually agreed condition and tenants to handle it carefully. Unauthorized entry or secretly changing locks can affect rights and duties, for example regarding safety and justified measures that must be tolerated.

Common mistakes and how tenants can avoid them

• Installing a smartlock without written consent from all housemates.
• Handing transponders to third parties without informing housemates.
• No written record of who has access or when entries occurred.
• Failing to document disputes over access and lacking clear communication.
• Not reviewing technical changes (e.g., remote access) and failing to agree on maintenance.

What to do in case of unauthorized entry

If you notice unauthorized entry as a tenant, document date, time and evidence (photos, logs) and first inform housemates and the landlord in writing. Request clarification and, if necessary, demand changes to access rights or return of lost transponders.

• Send a written request to the landlord and set a deadline for a response.
• Secure evidence: photos, smartlock log extracts, and witnesses.
• If problems continue, seek legal advice and consider contacting the local court.

Forms and templates: For serious cases there are official templates and procedures: a termination letter (template) can address the end of tenancy if there are severe breaches; an application for an interim injunction can provide short-term protection against further entry. Use official information from the Federal Ministry of Justice for templates or guidance.^[3] Example: if a landlord repeatedly distributes transponders without notice, document incidents and consider whether a cease-and-desist declaration or an interim injunction is needed.

FAQ

May the landlord open the door with a smartlock at any time?

No. The landlord does not have a general right of entry without notice; necessary exceptions must be legally justified and are often subject to deadlines or consent.

Can housemates have their own transponders blocked?

Yes, in many systems the landlord or an administrator can block transponders, so tenants should agree in advance and document any changes.

What to do if a transponder is lost?

Inform the landlord and housemates immediately, have the lost transponder blocked and request replacement or security measures.

How-To

1. Collect evidence promptly: date, time, photos and logs.
2. Notify housemates immediately and ask for joint clarification.
3. Write to the landlord, set a clear deadline for a response and demand measures.
4. If no agreement is reached, prepare documents for the local court and consider lawsuit options.
5. Use official forms and templates as a basis for letters or applications.
6. In immediate danger contact the police and seek emergency legal advice.

Key takeaways

• Document every unauthorized entry immediately.
• Agree on smartlock access in writing with housemates.
• Seek legal advice before taking formal steps.

Help and Support

• German Civil Code (BGB) §535 ff.
• Federal Court of Justice (Bundesgerichtshof)
• Federal Ministry of Justice (BMJ)

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Bundesgerichtshof – Decisions on tenancy law
3. [3] Federal Ministry of Justice – Forms and information