Tenant Privacy Rights in Germany

Many tenants in Germany live in shared flats or alone and often ask how much privacy they are entitled to in their own home. This guide plainly and practically explains which personality rights apply, how flatmates can agree house rules for visitors, photos and rooms, and when landlords may request access. You will learn how to document important incidents, draft a written flatshare agreement and which forms or legal steps are possible in Germany. We name relevant laws, competent courts and useful templates so you can resolve conflicts early or respond appropriately if needed. The language is intentionally easy to understand so tenants can assert their rights more confidently. At the end you will find a short FAQ and a step‑by‑step guide to record a fair flatshare rule in writing.

Which personality rights do tenants have?

Tenants are entitled to protection of their privacy and the inviolability of the dwelling. Tenancy law in the German Civil Code sets out landlord and tenant duties and provides the framework for use and access to the property.^[1]

Privacy and flatshare rules

In shared flats, personal areas should be treated separately and common rooms should have clear rules. A written flatshare agreement reduces later disputes.

• Document incidents (evidence): Note date, time and people involved.
• Put rules in writing (form): Clarify visitor hours, photos and room use.
• Protect private areas (entry): Bedrooms and cupboards are usually private.
• Respect data protection (safety): Use photos and videos only with consent.

Landlord access

The landlord may not enter the property without permission; for inspections or repairs they usually must announce and schedule a visit. Statutory duties and exceptions are set out in the Civil Code; in disputes local court is often responsible.^[1][3]

Conflicts and evidence preservation

If privacy is violated, follow clear steps: document, address flatmates, set a deadline and consider legal measures.

• Collect evidence (evidence): Screenshots, photos and witnesses noted.
• Set deadlines (deadline): Send a written request with a clear deadline.
• Use official templates (form): Use official templates for warnings or termination letters.
• Consider court action (court): For ongoing violations, a claim at the local court may follow.^[2]

FAQ

Can a flatmate install surveillance cameras in the flat?

No, cameras in private areas violate the privacy of other flatmates and are unlawful without their explicit consent.

When can a landlord enter the apartment?

The landlord may only enter without consent in narrow exceptional cases; for repairs or viewings they usually must announce and arrange an appointment in advance.^[1]

What should I do if my privacy is repeatedly violated?

Document incidents, set a written deadline to cease the behavior and consider filing a claim at the competent local court.^[3]

How‑To

1. Arrange a meeting: Talk to flatmates about expectations and sensitive areas.
2. Put rules in writing: Create a short document with visitor times, photo rules and key arrangements.
3. Clarify data protection: Agree on how images and personal data may be used.
4. Name deadlines: Agree a cure period for breaches.
5. Name dispute resolution: Record mediation services or a lawyer contact in writing.
6. Court steps: If necessary, prepare a claim at the local court; collect evidence and correspondence.^[2]

Help and Support / Resources

• Civil Code (BGB) - Gesetze im Internet
• Code of Civil Procedure (ZPO) - Gesetze im Internet
• Federal Ministry of Justice (BMJ) - Forms and Guidance

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1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Deutsches Justizportal: Information about courts
4. [4] Federal Ministry of Justice (BMJ): Forms and Templates