Tenant Entry Rights When Away: Germany

Many tenants in Germany wonder whether they must allow property management representatives into their apartment while absent. This question affects privacy, safety and tenants' rights when landlords or authorized persons seek entry. The following text explains in plain language which legal bases under the BGB apply^[1], which situations justify permitted entry, how to properly authorize representatives and what steps are sensible if conduct conflicts arise. The information helps you observe deadlines and forms, secure evidence and find the correct court or authorities in case of dispute. The aim is a clear practical guide without legal jargon.

When May a Representative Enter?

A representative of the property management may not enter arbitrarily. Entry is usually allowed only if there is a legal basis, a contractual agreement, or the tenant's explicit consent. Court decisions of the Federal Court of Justice (BGH) help weigh owner interests and tenant rights in individual cases^[2]. Common lawful reasons include:

• Repairs and maintenance: Authorized persons may enter when urgent repairs are required under the lease or to prevent danger.
• Emergencies: Immediate entry for water damage, fire risk, or similar hazards is permitted to limit harm.
• Agreed appointments: Viewings or handovers are allowed if you were informed in advance and a time was agreed.
• Key handover/power of attorney: Entry by authorized persons with written power of attorney is possible if the authorization is clearly limited.

How Do You Grant Permission or a Power of Attorney?

A practical solution is a written power of attorney stating the authorized person's name, purpose, date and a signature. There is no single nationwide official form for apartment powers of attorney, so a clearly worded document with date and a copy of your ID for identity checks is sufficient. Example: "Power of attorney for apartment access on 10.06.2025 to carry out necessary repairs by Company X." Always record purpose and time frame and grant the power only to named persons.

What to Do in Case of Unauthorized Entry?

If a representative enters without permission or a valid reason, document date, time, names immediately and take photos or notes. Request a written explanation from the landlord or property manager. If misconduct continues, injunctive relief may be considered and legal steps can be taken; rental disputes are typically handled by the local court (Amtsgericht)^[3]. Important first steps:

• Evidence: Take photos, collect witness statements and keep written records.
• Written demand: Request the landlord to desist and set a deadline.
• Contact: Seek legal advice or tenant counseling, especially for repeat incidents.

FAQ

Do I have to let a property management representative in if I am not there?

No, not without explicit consent or a clear legal reason. When possible, arrange a written power of attorney or a scheduled appointment.

Is verbal permission enough?

Verbal consent can be valid but is hard to prove in disputes; written powers of attorney are safer.

What happens if damage occurs during entry?

Document the damage immediately, inform the landlord in writing and check liability issues; the local court can decide in case of dispute.

How-To

1. Document the incident: collect date, time, names, photos and witnesses.
2. Send a written demand: request cessation and an explanation within a deadline (e.g. 14 days).
3. Seek advice: contact legal aid or tenant counseling if available.
4. Legal action: if necessary, file suit at the competent local court or get further guidance.

Help and Support / Resources

• BGB §§ 535–580a — Gesetze im Internet
• Federal Court of Justice (BGH) — Decisions and case law
• Federal Office of Justice — Information and forms

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1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] Bundesgerichtshof — Entscheidungen und Rechtsprechung
3. [3] Bundesamt für Justiz — Informationen und Formulare