Tenant Rights: Contractor Access in Germany
Rights and obligations for access
Landlords do not automatically have the right to enter the apartment at any time. Under the basic rules of tenancy law, work must be necessary and announced appropriately; otherwise access may be unlawful. Decisions are based on the landlord's duties under the BGB and proportionality.[1]
Deadlines and notification
- Appointment notice: agree a concrete appointment and require reasonable lead time.
- Short-term access: in emergencies (e.g., burst pipe) immediate entry is permitted.
- Observe deadlines: written notices help as evidence, especially for defect repairs.
Privacy protection
Privacy protection matters: landlords and contractors must not take photos arbitrarily or search personal rooms. If necessary, request an accompanying person and record the scope and purpose of the work.
- Scope of access: limit access to the affected rooms and agree clear working hours.
- Photographs: obtain permission when personal areas are affected.
- Key handover: record duration and purpose in writing.
Practical steps
- Document defects and works with date, time and photos for your own protection.
- Request written notices or appointments and save messages and emails as evidence.
- Refuse unauthorized access and inform the landlord in writing.
- If no agreement is possible, consider filing a claim at the competent local court and observe procedural deadlines.[3]
Official forms and templates
There are template texts and forms that help with correspondence. For example, the Federal Ministry of Justice provides templates for letters that you can use as a basis for communication.[2] Practical example: For repeated unauthorized entry, send a written objection by registered mail with return receipt and request an appointment within 14 days.
FAQ
- May the landlord enter without notification?
- Generally no; only in emergencies or with explicit consent is immediate access permitted. Document every incident.[1]
- What notice period must the landlord observe?
- There is no uniform statutory deadline for every case; however, 24–48 hours' notice is common, except in urgent emergencies.
- Which authority helps with disputes?
- For court disputes, the local court (Amtsgericht) is responsible; information on procedures is available in the ZPO and from judicial authorities.[3]
How-To
- Step 1: Collect evidence (photos, messages, witnesses) about the incident.
- Step 2: Request an appointment in writing and document the response.
- Step 3: Refuse unauthorized access and, if necessary, send a formal objection.
- Step 4: Seek legal help or file suit at the local court if no solution is found.
Help and Support / Resources
- Gesetze im Internet (BGB)
- Federal Ministry of Justice (forms and templates)
- Judicial information — courts and procedures