Tenant Rights: Contractor Access When Away in Germany

What Tenants Need to Know

As a tenant in Germany, you have a right to privacy protection and proper notice before a landlord or contractors enter your apartment. Landlords may not enter arbitrarily; for scheduled work they must give notice and observe reasonable timeframes. Emergency repairs (e.g., burst pipes) follow different rules than routine maintenance. Read the conditions for refusing access and the alternatives available so your rights remain protected.

Practical steps before refusing access

• Check deadlines: Verify the announced time and whether proper prior notice was given.
• Send a written refusal: Draft a short written refusal with reasons and propose alternative options.
• Name an authorized person: Provide a person who can grant access on your behalf if you are absent.
• Create documentation: Take photos of issues and keep messages as evidence.
• Weigh urgency: Allow access in acute danger situations (e.g., leaking pipes) to avoid further damage.

Legal basis

The duties of landlords and tenants are regulated in the German Civil Code; relevant rules on use, obligations, and maintenance are in the BGB.^[1] Procedural matters for court disputes are governed by the Code of Civil Procedure.^[2] In case of doubt, case law of the Federal Court of Justice may be consulted.^[3]

What to do if the landlord tries to force access

If the landlord insists on access despite your refusal, they typically provide a notice or demand. Check whether a warning or court decision is needed. If access is demanded unlawfully, document date, time and content of communications and contact the police in case of trespass.

FAQ

Can I refuse contractors access if I am not home?

Yes, under normal circumstances you may refuse access and suggest alternatives, like naming a trusted person or scheduling a visit.

Must the landlord inform me before contractors arrive?

Yes, the landlord generally must notify you in advance and propose a time; emergencies are treated differently.

When is access considered an emergency?

When there are immediate dangers to the building or health (e.g., burst pipe, major fire risk), immediate intervention is permitted.

How-To

1. Check the notice and record date and time.
2. Write a short refusal with alternatives and send it by email or registered mail.
3. Name an authorized person who can grant access in emergencies.
4. Document all messages, photos and responses for potential legal action.
5. Allow access in acute danger situations to prevent larger damage.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de