Tenant Rights: Entry with Notice in Germany
As a tenant in Germany, you may often wonder when landlords are allowed to enter the apartment and how to document announced visits legally. This text explains in practical terms which rights and obligations tenants have, which deadlines apply and how to record entries, collect evidence and prepare formal letters. I describe simple steps to prepare for announced entries, what to watch for during repair appointments, and how the local court (Amtsgericht) is involved in disputes. The guidance is written in plain language so you can make quick decisions and keep your privacy protected. You will also find practical templates and notes on official forms so you can act quickly and correctly when needed.
Rights for announced entry
Landlords have certain rights and duties under tenancy law, but also obligations. Generally, a landlord may not enter the private dwelling without reason and without notice; permitted cases and landlord duties follow from the BGB[1] and court rulings. In many situations prior notice and a specific reason (e.g., repair, viewing, danger) are required.
When a landlord may enter
- In urgent emergencies when there is danger to persons or property.
- For announced repair appointments if the date was communicated in good time.
- For confirmed viewing appointments for prospective tenants, provided you agreed.
- If you have expressly and voluntarily given permission.
How to document entry legally
Documentation is the most important tool to protect your rights. Record date, time, people involved and the reason. Photos, emails and short notes are evidence you can present in a dispute.
- Note date, time and names of everyone present and the specific reason for entry.
- Save announcements by email or letter and request a written confirmation.
- For repairs: document the scope of work and any resulting damage.
- Keep a simple timeline to prove deadlines and appointments.
- Prepare a short protocol after the appointment and send it to the landlord for confirmation.
Forms & legal steps
For court actions or formal letters, the rules of the Code of Civil Procedure apply; filing a claim at the local court follows specific form requirements and deadlines[2]. For fundamental legal questions or leading decisions, the case law of the Federal Court of Justice is relevant[3]. If you consider an eviction claim or an injunction, secure your evidence early and consider legal advice.
FAQ
- May the landlord enter without notice?
- Generally no. Exceptions apply in cases of imminent danger or if you have explicitly consented. In most situations prior notice is required.
- Which evidence helps if there is a dispute?
- Emails, photos, date-time notes and conversation protocols are useful; they help enforce your rights before the local court.
- Which deadlines are important?
- Deadlines can arise from the lease or statutory provisions; missing deadlines can cause legal disadvantages, so document dates and react promptly.
How-To
- Check the announcement: date, time, reason and who will come.
- Document everything immediately: notes, photos, names and time.
- Send a brief confirmation or objection by email or registered mail to the landlord.
- If necessary, contact the local court or a tenant advice center and present your evidence.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Zivilprozessordnung (ZPO) – Gesetze im Internet
- Bundesgerichtshof (BGH) – Decisions