Tenant Rights: Entry by Property Manager in Germany
As a tenant in Germany, you have the right to know who may enter your apartment and under what conditions. If a representative of the property manager requests entry, act transparently: clarify purpose and time in writing, request proof of authorization and document damages or conversation details. This page provides clear, practical steps and an absence checklist, briefly explains relevant sections of the German Civil Code and shows which official forms and which authorities to contact in a dispute. The goal is to protect your privacy, identify breaches by the management and secure disputes with evidence.
Access rights and obligations
In principle, tenancy law obliges the landlord to maintain the rented property while the tenant has the right to privacy and prior notice of access. See the statutory provisions for the landlord's obligations.[1]
- Request purpose and a specific time of access in writing.
- Ask for a written power of attorney or the representative's ID badge.
- Document condition, damages and times with dated photos.
- Do not hand over keys or grant access to unknown persons without a written agreement.
- Allow access for necessary repairs, and note scope and duration of the work.
Checklist for absence
- Leave a power of attorney: give a trusted person written authorization with a time limit.
- Arrange key handover securely: only against a receipt confirmation.
- Document agreed appointments by e‑mail or letter.
- Create a photo checklist before departure: meter readings, windows, visible defects.
Forms and authorities
Important forms and templates tenants can use include a termination letter (template from the Federal Ministry of Justice) and guidance on evidence preservation before legal action.[3] For serious disputes, the competent local court (Amtsgericht) is the first instance for tenancy cases; eviction claims are filed according to the rules of the Code of Civil Procedure.[2][4]
FAQ
- 1. May a representative enter my flat without my consent?
- No, generally not without prior notice and your consent, unless there is an acute danger; check the statutory provisions.[1]
- 2. What is a written power of attorney and when is it useful?
- A written power of attorney names the person, scope and duration; it helps avoid misunderstandings and serves as evidence in court.
- 3. Where do I turn in a legal dispute?
- Tenancy matters are handled by the local court (Amtsgericht); you can obtain information there on procedures and forms.[2]
How-To
- Collect evidence: photos with dates, written notes and witness contacts.
- Request a written power of attorney or ID from the representative and save the reply.
- Confirm or reschedule appointments in writing by e‑mail to maintain a timeline.
- Allow access for repairs only with written documentation of the agreed scope.
- If unresolved, file a claim at the local court and present your collected evidence.
Help and Support / Resources
- BGB §535 – Landlord obligations
- Code of Civil Procedure (ZPO) – legal procedures
- Federal Ministry of Justice and Consumer Protection (forms & guidance)
