Tenant Rights: Drones Over Yard & Balcony in Germany
Many tenants in Germany feel uncertain when drones fly over their yard or balcony. This article explains in clear terms which rights you have as a tenant, when privacy is violated and which steps are available for securing evidence and filing complaints. It describes how to collect photos and videos in a legally sound way, which wording is useful in a complaint to the landlord or police and which deadlines apply for legal action. The goal is that tenants know their rights, can de-escalate conflicts and are prepared to appear before courts or authorities if necessary. Technical terms are explained and practical checklists help with implementation. Read on for concrete templates and action steps.
Rights and Duties as a Tenant
As a tenant you are entitled to protection of privacy and to undisturbed use of yard, balcony and outdoor areas. Tenancy law in the German Civil Code (BGB) regulates landlord duties and tenant rights[1]. If drones repeatedly make recordings or clearly cause harassment, personal rights may be affected.
When is Privacy Violated?
Whether a violation exists depends on the circumstances: targeted observation, repeated recordings, proximity and purpose of the recordings. Short flyovers without focus on persons are usually less problematic than targeted surveillance.
Practical Notes
- Take photos and videos: secure material with date and time.
- Record date and time: note repetitions, times and involved persons.
- Collect witnesses: ask neighbors for observations and contact details.
Evidence Preservation: What to Do?
Collect evidence systematically and in a legally secure way. Save original files, note metadata and copy files to an external drive or cloud. Avoid manipulating files because that weakens evidential value.
- Secure original files: store unaltered video or photo files.
- Document timestamps: note exact times and repetitions.
- Write a complaint: send a documented complaint to the landlord or property management.
Forms, Authorities and Legal Steps
For formal steps there are official forms and authorities you can use. A quick first step is a written complaint to the landlord with evidence. For criminally relevant intrusions into privacy you should consider filing a police report. For civil claims (e.g. injunction, damages) you can use complaint forms and debt collection procedures; use the official forms from the justice authorities if you plan to go to court[2].[3]
Important forms (examples):
- "Sample termination letter" when tenancy is affected by severe harassment – check samples and guidance from the Federal Ministry of Justice and Consumer Protection.
- Forms for filing complaints and debt collection notices – available via the justice portals of the federal states or the Federal Office of Justice.
FAQ
- Who decides whether drone recordings are unlawful?
- In individual cases this is usually decided by a court; initially the police or authorities can examine the matter. Civil claims are governed by the BGB and relevant case law.[1]
- Can the landlord ban flying over the yard?
- The landlord can set rules for use of yard and outdoor spaces; in cases of intrusion into privacy you should try to find a joint solution and consider legal steps if necessary.
- Should I call the police immediately?
- In cases of immediate danger or clear criminal behavior (e.g. stalking) the police are the right contact. For repeated harassment, document evidence first and then report the incident in writing.
How-To
- Secure evidence: collect photos, videos and witness notes with timestamps.
- Write a formal complaint: send a documented complaint to landlord or property management with attachments.
- Contact the police for criminally relevant actions.
- Consider legal action and use official court forms if necessary.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Justizportal des Bundes und der Länder – Formulare und Hinweise
