Tenant Rights: Entry Only with Notice in Germany

If your landlord wants to enter your flat, your rights as a tenant in Germany are clearly protected. Many conflicts arise because landlords and tenants have different expectations about notice, purpose and timing. This guide explains in practical terms when entry is legally permitted, which notice periods and forms apply, which exceptions (e.g. emergencies) exist, and how you as a tenant can act to protect privacy and living standards. You will also find notes on official forms, example wording for communication with the landlord and concrete steps if a dispute goes to the local court.

What does tenancy law regulate?

Fundamental duties of landlord and tenant are anchored in the BGB, particularly the provisions on landlord obligations, defect remediation and protection against termination in §§ 535–580a.^[1] These provisions determine when entry is justified and what rights you have to protect the apartment and your privacy.

Entry: When may the landlord come?

Entry is only permitted for a valid reason and in an appropriate manner. Common reasons include:

• Repairs (repair): necessary restoration of heating, sanitary or electrical systems.
• Viewing appointments (appointment): for sale or re-letting after prior agreement.
• Meter readings (meter/read): regular readings at agreed times.
• Maintenance and inspections (entry): planned access after notice.
• Emergencies (safety): in case of immediate danger to people or the dwelling (water damage, fire hazard).

Notice and timeframes

There is no statutory deadline for notice; however, the notice must be "reasonable." In practice, 24–48 hours is common if there is no urgent reason. Repeated short-notice entries may justify a tenant's objection or a written agreement on access times.

Form and proof

Notice should preferably be in writing (email, letter, message) so you have proof. Note date, time, reason and the name of the person who will come. Photos and witnesses are helpful in disputes.

How-To

1. Check the reason for entry and document date and content of the notice.
2. Request a written notice if the reason is unclear and propose a specific time window (notice).
3. Allow entry only for justified necessary work and accompany the appointment if possible.
4. Refuse entry in non-urgent cases and document the incident.
5. If conflicts persist, seek legal advice or contact the competent local court (court) for tenancy matters.^[3]
6. In case of escalation, consider injunctions and, if necessary, court proceedings under procedural law (ZPO).^[2]

Forms and templates

Official forms for court procedures and guidance on terminations and claims are provided by state authorities. Common items include:

• Termination letter (written notice): landlord's name, precise apartment description, termination reason and date; a simple written letter is often sufficient.
• Objection to entry (written demand): state clearly that you allow entry only for lawful, announced appointments.
• Complaint filing / court forms: required for eviction or injunctions; official forms and guidance can be found on justice websites.

FAQ

Does the landlord always have to announce before entering the apartment?

Yes, in principle the landlord must announce entry and state a legal reason; only in emergencies is immediate entry justified.

What notice period applies?

There is no statutory deadline; a notice period of 24–48 hours is common and usually reasonable for non-urgent matters.

What can I do if the landlord comes without notice?

Document the incident, refuse entry in non-urgent cases, request a written explanation and consider legal steps at the local court.^[3]

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Zivilprozessordnung (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Information on courts – justiz.de
4. [4] Federal Court of Justice – bundesgerichtshof.de