Smartlocks & Transponders: Tenant Rights in Germany
What to do about Smartlocks & Transponders?
In principle, the landlord may not change the door technology in a way that restricts your privacy or the use of the rented property without consent. Relevant rules can be found in the BGB[1] and for procedural steps in the ZPO[2]. For changes, you should ask in writing which technical access rights will be set up and who manages keys, transponders or access codes.
- Request written consent or a detailed explanation from the landlord (notice).
- Document every access: date, time, photos and logs (record).
- Set deadlines for removal of unauthorized systems or clarification (deadline).
- Check whether costs like replacement or maintenance may be charged as operating costs (rent).
- If the situation escalates: prepare a lawsuit at the local court (court).
Landlord rights and limits
The landlord has a legitimate interest in the building's security, but must not interfere with privacy without legal grounds. Replacing locks or permanently installing smartlocks can require consent if it limits your exclusive use of the rental property. Request precise information on access rights, logging and data deletion. If the landlord claims the change is an operational necessity, ask for the legal basis and cost breakdown.
Practical official forms and when to use them
There is no single nationwide "smartlock form," but the following documents and forms are relevant for tenants:
- Termination letter / statement to the landlord (notice) — use if you need to terminate or formally object due to access issues.
- Written request for information and deletion of access data (record) — request logs and responsible parties.
- Lawsuit form for disputes at the local court (court) — required if objection does not resolve the issue.
Documentation: what to collect
Good documentation is often decisive. Note date, time, participants and describe technical details (e.g. brand of smartlock, type of transponder). Screenshots of system messages, photos of devices and copies of all emails or letters strengthen your position in a dispute. If neighbors have similar problems, record their statements in writing.
FAQ
- Can the landlord install smartlocks without permission?
- No, not generally. Changes that impair your use of the rented property or violate your privacy usually require your consent or a clear legal basis.
- Do I have to hand over landlord keys or transponders?
- Only if the rental agreement or law provides for it. Unclear demands should be contested in writing and you should ask for the legal basis.
- What deadlines apply for objections or lawsuits?
- Deadlines depend on the case; respond promptly in writing and observe statutory periods for warnings or lawsuits, otherwise rights may be lost.
How-To
- Check and collect evidence: photos, logs and witness statements (record).
- Send a formal letter to the landlord with a deadline (notice).
- Set a reasonable deadline for clarification or removal (deadline).
- If no agreement: file a lawsuit at the competent local court (court).
Help and Support / Resources
- BGB - German Civil Code (text)
- ZPO - Code of Civil Procedure (text)
- Federal Court of Justice (BGH) - information and decisions