Smartlocks in Shared Flats: Tenants' Rights in Germany
Smart locks and transponders change how access is managed in shared flats. For tenants in Germany the key questions are: does the technology protect privacy, and when may the landlord still demand access? This article explains in clear terms what tenants' rights are, what obligations landlords have and which legal bases apply (for example, §§ 535–580a of the BGB)[1], so you can decide whether you must tolerate an electronic locking system. You will get practical steps for documentation, advice on consent and warnings, and information on when a court or local court may need to be involved[2]. At the end you will find a clear guide for talking to your landlord and which documents you should collect.
What may landlords do with smart locks?
In principle: a landlord does not have an automatic right to free access to the rental apartment. Tenancy law under the BGB protects the tenant's privacy; interventions into the apartment are only permitted with legal basis, contractual agreement or consent. For electronic systems, it must also be checked whether access logging or remote access produces personal data and how this must be processed in compliance with data protection rules.
Consent, toleration and legitimate interest
An obligation for a tenant to tolerate smart locks can arise from the tenancy agreement or from a mutually agreed arrangement. If there is no regulation, the landlord must demonstrate a legitimate interest (e.g. building security). Otherwise the tenant's consent remains necessary. In shared flats the situation can be more complex because housemates have separate rights.
- Check the tenancy agreement for clauses on locking systems.
- Request a written agreement about how access and logs can be viewed (form|notice|application).
- Documentation (document, photo): Keep installation records, access logs and agreements in writing.
- If there are safety or functionality defects: file a defect notice and set a repair deadline (repair|maintenance).
Data protection points to consider
Smart locks that store access data generate personal data. Processing of this data must be transparent, purpose-limited and restricted to what is necessary. Ask who has access to logs, how long data is retained and whether logs are anonymized. If in doubt, a complaint to the relevant state data protection authority can be considered.
Practical steps for tenants
- Document (document) every agreement in writing with dates.
- Request the privacy policy and logging rules before installation (form).
- Talk to housemates and record any shared consents (contact).
- If necessary, demand deletion of unnecessary data.
Häufige Fragen
- Can the landlord install a smart lock without my consent?
- No, not without legal basis or contractual agreement; in many cases your consent is required.
- Who may access access logs?
- Only persons with a legitimate interest and only for defined purposes; data must be limited to what is necessary.
- Can I request deletion of access logs?
- Yes, if retention is no longer necessary or violates data protection rules; make the request in writing.
How-To
- Collect evidence: photos, emails and usage logs (document).
- Request a written rule on use and data retention (form).
- Hold a meeting with the landlord and housemates and document results (contact).
- If needed, contact the state data protection authority or seek legal advice.
- In disputes you can file a claim at the local court; observe ZPO deadlines.
