Tenant Rights: Drones over Yard and Balcony in Germany
If a drone regularly hovers over your yard or balcony, it quickly affects privacy and living quality. As a tenant in Germany you have rights under tenancy law and data protection that can help limit harassment or surveillance. This article explains in plain language how to secure evidence first, which legal bases are relevant, and which practical steps you can take with landlord, police and court. The guide is written for non-lawyers and shows sample measures, deadlines and forms so tenants can act confidently and within the law.
What applies legally?
German tenancy law regulates landlord and tenant duties in the German Civil Code (BGB); key rules are found in §§ 535–580a.[1] If drones cause serious intrusions into privacy, persistent nuisance, or impair the usability of the dwelling, rent reductions, injunctions or special protective measures may be considered. Court procedures follow the Civil Procedure Code (ZPO).[2]
Property rights, air law and data protection
Property rights allow owners or operators to set certain rules on the premises; at the same time aviation law governs drone operation, and data protection law protects against unlawful capturing of personal data. Repeated flights can create overlaps that raise landlord, criminal and civil law issues.
Securing evidence: what really helps
Good documentation increases the chances of success in complaints or lawsuits. Use timestamps, videos, location descriptions and witnesses. Note date, time, flight patterns and any possible identification of the drone or operator.
- Within 14 days document incidents and secure timestamps.
- Save photos and videos with dates and create backups.
- Record witness contacts and confirm them by message.
How to proceed as a tenant
Act in stages: first inform the landlord factually, then consider authorities and legal steps. A written notice to the landlord documents the complaint and can be the basis for further action. If the landlord does not respond or fails to remedy the situation, court action or consulting the police are possible next steps.
Concrete steps with landlord and authorities
- Send a written complaint to the landlord and set a deadline for remedy.
- Inform the police about disturbances and have the incident recorded.
- If legal violations persist, consult a lawyer or consider filing suit at the local court.
Forms and authorities (official sources)
Important legal bases and procedural rules are in the BGB and the ZPO; read the relevant sections on tenant duties and asserting claims.[1][2] For financial support in court cases there is the application for legal aid (Prozesskostenhilfe, PKH).[3] The local court (Amtsgericht) is first responsible for tenancy disputes; appeals go to the regional court and the Federal Court of Justice.[4]
FAQ
- Can I forbid drone use over my balcony or yard?
- You cannot generally ban drones, but for repeated intrusions into your privacy you may have injunction claims and possibly a right to reduce rent.
- What should I do first if a drone films private areas?
- Secure photos/videos, note times and inform the landlord and, if a crime is suspected, the police.
- Does tenancy law offer quick help against drone disturbances?
- Tenancy law can provide protection, for example via rent reduction or injunctions, but procedures take time; early documentation is important.
How-To
- Document incidents with timestamps and collect evidence within 14 days.
- Organize and secure photos, videos and witness statements.
- Inform the landlord in writing and set a deadline for correction.
- In acute danger, contact the police and file a report.
- If necessary, consider legal action and apply for legal aid.
Help and Support / Resources
- German Civil Code (BGB) – gesetze-im-internet.de
- Civil Procedure Code (ZPO) – gesetze-im-internet.de
- Federal Ministry of Justice – bmjv.de (information on legal aid)
