Tenant Rights: Drones over Balcony & Courtyard in Germany

Many tenants in German big cities, especially senior households, experience drones over courtyard and balcony as an intrusion into privacy and safety. This practical guide explains which rights tenants have under German tenancy law, how to report a defect, secure evidence, and when a rent reduction or legal clarification is sensible. I describe concrete steps: defect notification, deadlines, relevant sections of the BGB, competent local courts, and available forms for legal aid or legal costs assistance. The language remains simple so that you as a tenant can assess your situation and plan the next steps with confidence.

What are your rights as a tenant?

Landlords are obliged under the Civil Code (BGB) to maintain the rental property in a condition suitable for contractual use. Visible or recurring drone flights that impair privacy, safety, or the usability of balcony and courtyard can constitute a defect and therefore trigger claims under §§ 535–580a BGB.^[1] In serious cases, third-party behavior may also affect personal rights or house rights.

How to complain about drone flights

Proceed in a structured way: document, inform the landlord, set deadlines, and initiate further steps if necessary. Be factual and formulate concrete demands.

• Secure photos (photo) and exact times, including date, time and flight direction.
• Inform the landlord in writing (notice): describe the disturbance, demand remedy and set a deadline (e.g. within 14 days).
• Set deadlines and, if appropriate, specify a reasonable grace period (within 14 days) so that claims become clear.
• In case of immediate danger or repeated disturbance, inform local authorities and, if necessary, call the police or public order office (call) for hazard prevention.

Forms, legal aid and legal costs assistance

If you need legal support, legal aid (Beratungshilfe) and legal costs assistance (Prozesskostenhilfe) can help reduce costs. Apply for legal aid at the local court if you require out-of-court advice; apply for legal costs assistance for court proceedings. Example: A senior woman applies for legal aid to have a letter to the landlord drafted; if no agreement is reached, she later files a legal costs assistance application for a suit at the local court.

Which courts are competent?

Tenancy disputes are usually heard at the local court (Amtsgericht); higher instances are regional courts (Landgericht) and, if necessary, the Federal Court of Justice (BGH) for questions of principle.^[2] For eviction actions and urgent proceedings, the rules of the Code of Civil Procedure (ZPO) apply.^[2]

FAQ

Can I reduce rent because of drone flights?

Yes, if drone flights impair the usability of your apartment, a rent reduction may be possible. Document the extent and frequency of the disturbance and notify your landlord in writing.

Who is responsible for repeated flights, landlord or police?

You should inform the landlord first. In cases of danger or criminal acts the police are responsible; for regulatory offenses the public order office is responsible.

What deadlines do I need to observe?

Defects must be reported without delay and a reasonable deadline set for remedy (e.g. within 14 days). Court proceedings are subject to the deadlines of the ZPO.

How-To

1. Secure photos (photo) and videos, note date and time.
2. Send a written defect notice to the landlord (by email and registered mail) and set a deadline (notice).
3. Wait for the set deadline (within 14 days); document again if nothing happens.
4. In case of danger or lack of response, contact authorities and seek legal help (call).

Help and Support

• Civil Code (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

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1. [1] BGB §§ 535–580a (Tenancy law)
2. [2] ZPO (Code of Civil Procedure) – Procedural rules
3. [3] Federal Court of Justice – Decisions and information