Tenant: Prove Property Manager Representative in Germany
Many tenants in Germany are unsure how to act when someone claiming to represent the property manager appears while they are absent. This guide clearly explains which proofs you can collect, which legal rules apply and how to protect your privacy. We describe practical steps: which documents to request, taking photos and short videos, recording witness statements and when an entry in the handover protocol helps. We also explain which courts are competent and which deadlines to observe. Read on for concrete forms, deadlines and a template for a notification to the property manager.
What counts as a representative of the property manager?
Representatives are people acting on behalf of the property manager or landlord. This can be a property manager employee, a contractor with authorization or an authorized expert company. Legitimate representatives should present a written power of attorney or a service ID upon request; if both are missing, you should be cautious and not grant immediate access. Legal bases on landlord and property manager duties are found in the BGB.[1]
Collecting evidence
The more documented information you have, the better your chances to enforce your rights. Collect photos, messages and witness statements and note time and date.
- Request a written power of attorney and record the name and company.
- Take photos and short videos of the door and any damage and save them with dates.
- Record witness contacts and briefly ask them to confirm date and time.
- Secure all messages, emails or SMS with the property manager.
Rights on entry and privacy
As a tenant you have a right to privacy. The landlord may not enter the flat without your consent, except in emergencies (e.g. burst pipe) or if contractually agreed otherwise. For planned work, notice and justification are usually required. If a representative demands entry without authorization, you can refuse and ask for written proof.
If there is a dispute: court, jurisdiction and deadlines
In disputes about unlawful entry, damages or privacy violations, local courts (Amtsgerichte) are usually responsible; appeals go to the Landgericht and possibly the Federal Court of Justice. Procedural rules are in the Code of Civil Procedure (ZPO).[2] Pay attention to deadlines: file formal complaints and defect notices promptly, as deadlines can affect evidence assessment and success chances.
- Deadlines for defect notices: report defects or unauthorized entries as soon as possible in writing.
- For ongoing violations: consider filing a claim or seeking clarification at the local court.
- Evidence preservation for court: collect timestamps, photos, witnesses and messages.
Forms and templates
There is no single mandatory form for all situations, but the following templates are practical:
- Termination letter/tenant sample text (if you yourself must terminate): use a template when you resign; example content: date, address, termination reason, signature.
- Defect notice / report of unauthorized entry: briefly describe date, time, person s name, requested proofs and document evidence.
- Eviction claim (only if landlord proceeds legally or vice versa): filed at the competent local court; follow formal submission rules.
Practical example: If you discover scratch marks on the door the next day and a protocol from the alleged representative, take photos, note neighbor witnesses and immediately send a defect notice by email and registered mail.
