Tenant Rights Germany: Entry Only with Notice

Entry Only with Notice: What Tenants Should Know

Many tenants in Germany are unsure about the rules governing landlord entry. This text explains in practical terms what rights and obligations you have as a tenant, which typical mistakes occur with "entry only with notice" and how students in shared flats or subletting arrangements can respond safely. You will receive concrete steps for documentation, for formally refusing unauthorized entry and guidance on when court assistance is the right option. The explanations are easy to understand, refer to the relevant laws and name forms and contact points so you can effectively protect your privacy in Germany.^[1]

What is the legal core?

The core: landlords may not enter the rented apartment without a justified reason and without prior notice. The landlord's duty to respect the tenant's privacy follows from the general duties in the tenancy agreement and the German Civil Code.^[1] Typical justified reasons include necessary repairs, meter readings or imminent danger. Announced routine visits must be reasonably timed and must not unreasonably disturb the tenant.

Common misconceptions and typical mistakes

• The landlord may enter at any time without reason: This is false; entry usually requires notice and a legitimate reason.
• A verbal announcement is always sufficient: Verbal arrangements are possible, but written proof offers better protection.
• Deadlines and appointments are arbitrarily changeable: Appointments must be announced within a reasonable time and coordinated.
• Photos and recordings are generally prohibited: Recordings by the landlord are only permissible with consent or in concrete necessity.

Practical steps when the landlord requests entry

When an entry request arises, first check the reason. Ask for written notice, note the date and time of the conversation and make a short email or SMS as proof. Politely but firmly refuse unauthorized entry and state the reason. If improper behavior recurs, collect evidence (photos of damage, witnesses, logs) and, if necessary, send a written cease-and-desist demand with a deadline.

Sample text: Written refusal of entry

Dear landlord, please refrain from entering my apartment on [date]; I allow entry only after written notice stating the reason. If further unauthorized entries occur, I will consider legal options.

When is court assistance appropriate?

If the landlord repeatedly forces entry without authorization or despite refusal, clarification before the local court may be necessary. The local court (Amtsgericht) has jurisdiction for tenancy disputes in the first instance.^[2] For urgent matters such as interim injunctions, procedural routes under the Code of Civil Procedure are available.^[3] In complex cases or legal questions, decisions of the Federal Court of Justice can provide guidance.^[4]

FAQ

1. May the landlord enter for tenant searching?

No. He generally needs a justificatory reason and should announce it beforehand.

2. Is a verbal announcement enough?

Verbal announcements are possible, but written proof is recommended.

3. What to do with repeated unauthorized entry?

Document, issue a written warning and, if necessary, initiate proceedings at the local court.

How-To

1. Document every entry with date, time and witnesses if possible.
2. Request written notice and save all communication.
3. Send a formal cease-and-desist letter with a reasonable deadline if necessary.
4. Consider filing a claim at the competent local court if other measures fail.

Help and Support / Resources

• Justizportal des Bundes und der Länder
• Gesetze im Internet (Federal Law)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Justizportal des Bundes und der Länder
3. [3] Zivilprozessordnung (ZPO)
4. [4] Bundesgerichtshof (BGH)
5. [5] Bundesministerium der Justiz - Forms and Samples