Tenant Rights for Access with Notice in Germany

Many tenants in Germany wonder how to prove that a landlord only accessed the apartment with prior notice and which deadlines apply. This article explains in plain language what tenants' rights are, how to document access notices and which steps are possible in case of disputes. We show practical evidence methods, which deadlines to observe and how to prepare a lawsuit or an evidence motion at the competent local court if necessary. For legal foundations we refer to the relevant laws and decisions so you know when quick action is required and which authority is responsible.

When may the landlord enter the apartment?

Fundamentally, the German Civil Code (BGB) regulates the duties of landlords and tenants. The landlord must not enter the apartment without permission; in urgent emergencies or for agreed inspections, however, access is possible. Details and the relevant paragraphs can be found in the BGB.^[1]

Collecting evidence when access is only with notice

If the landlord exercises announced access or has announced it, clear evidence is important. This helps to enforce claims such as unauthorized entry or failure to respect deadlines.

• Record the date, time and name of the person who entered the apartment.
• Create photo and video records of the condition before and after access.
• Keep the written notice of access or messages (email, SMS).
• Ask for a written confirmation on site if possible (signature, service or name).
• Note possible witnesses and their contact details.
• Keep all records for potential legal action (protocol, photos, messages).

Deadlines: how much time do you have?

There is no single nationwide deadline for every situation; it often depends on the type of access and the circumstances. For legal steps such as rent reduction or an injunction, prompt action is important. For procedural steps like filing a complaint, the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Practical steps and model forms

For court proceedings you use the rules of the ZPO: complaint and evidence motions are central instruments. In the evidence motion state precisely which evidence you want to secure (witnesses, photos, messages). An example: "Complaint (ZPO §253) with an evidence motion to secure photo evidence and witness statements". Background texts and statutory excerpts are available in the official law collections.^[2]

Courts and jurisdiction

Most tenancy disputes fall within the jurisdiction of the local Amtsgericht (district court). Appeals may go to the Landgericht and, for important legal questions, to the Federal Court of Justice (BGH). Relevant decisions on access rights are often supported by BGH case law.^[3]

FAQ

What counts as sufficient notice for access?

Sufficient notice should include the date, approximate time and reason for access and ideally be in writing.

Can I refuse access if no notice was given?

Yes, except in acute emergencies (e.g., burst pipe). In other cases you may refuse access and document the reasons.

Which pieces of evidence are most effective in court?

Photos, timestamps, written notices, witness statements and recordings of conversations are very persuasive.

Where do I file a complaint?

At the competent local Amtsgericht; the ZPO regulates form and content of the complaint.

How-To

1. Start documenting immediately: date, time and circumstances of access.
2. Preserve notices and messages in writing or print emails.
3. Notify the landlord of relevant incidents in writing within a short time and request confirmation.
4. Secure witness contacts and ask for written statements.
5. If necessary, file a complaint at the Amtsgericht with evidence motions.

Help and Support / Resources

• BGB — Gesetze im Internet
• ZPO — Gesetze im Internet
• Bundesgerichtshof — Decisions

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Decisions