Tenant Checklist: Decline Viewings in Germany
When can tenants refuse viewings?
In principle: the landlord has a legitimate interest in viewings (e.g., re-letting or sale), but cannot demand access arbitrarily or without notice. The obligations under the BGB are decisive, particularly for protection of the rented property and the tenant's privacy[1]. This means: short-notice, unannounced visits without urgent reason can be refused, especially if repeated and disregarding your personal circumstances.
Rights and obligations: legal basis
The landlord must announce viewings in good time and have a reasonable purpose. Key legal sources are the BGB for tenancy obligations and the ZPO where court proceedings are involved[1][2]. In serious disputes, Federal Court of Justice (BGH) decisions can be decisive[3]. The local court (Amtsgericht) is the first instance for tenancy disputes such as eviction lawsuits or decisions on access rights.
Practical checklist
- Check appointments (appointment): Clarify notice periods and the specific reason for the viewing.
- Decline in writing (form): Reply briefly and factually by email or letter with date and reason.
- Create documentation (evidence): Secure photos, date/time, caller name and messages.
- Deny access (entry): You do not have to let anyone into the apartment without legal basis.
- If defects exist (repair): File a repair request; defects can affect the duty to allow viewings.
- Seek legal help (court): For ongoing problems contact the local court or legal counsel.
Forms and template texts
There is no single nationwide "refusal form", but relevant official templates and guidance are available on justice and ministry websites. For court action the civil complaint form can be relevant; for terminations there are sample letters from the Federal Ministry of Justice that show how to state deadlines and reasons correctly[4][3]. Example short refusal: "Dear Ms./Mr. X, due to personal reasons I cannot attend the viewing on DD.MM.YYYY. Please propose two alternative dates." Include date, reason and preferred contact method.
FAQ
- Can I as a tenant generally refuse viewing appointments?
- Yes, you can refuse viewings if there is no legitimate reason or notice periods are not observed; exceptions apply if the landlord has a legitimate interest.
- Do I always have to decline in writing?
- Written refusals are recommended because they serve as evidence. Email or letter with date and a short reason are sufficient.
- What if the landlord still shows up unannounced?
- Refuse access, document the incident and consider taking legal steps or seeking advice from the local court.
How-To
- Write a refusal in writing: include date, reason and preferred contact method.
- Collect evidence: screenshots, emails, photos and notes of conversations.
- Check forms: use complaint forms or ministry sample letters if necessary and complete them.
- Contact the local court if escalated or obtain legal advice.
Key Takeaways
- You may refuse viewings if there is no legal basis.
- Written documentation strengthens your position in disputes.
- Official forms and templates are helpful for court steps.
