Tenant Rights Germany: Photos & Videos When Away

As a tenant in Germany, you want to know whether your landlord may take photos or videos inside your home while you are away. This text explains clearly and practically the most important rights and obligations: when entry is allowed, the role of consent and data protection, and which evidence preservation steps or deadlines you should observe. You will receive concrete action steps, form guidance, and sources for responsible authorities and courts. The language is accessible and free of legal jargon so you can decide whether to oppose the recording, respond in writing, or consider legal action.

What tenants need to know

As a rule: the apartment is the tenant's private area. A landlord may not arbitrarily photograph or film without legal basis or consent. A landlord's right to enter for necessary measures such as repairs or viewings exists only under strict conditions (e.g., prior notice or consent).^[1]

When landlords may take photos or videos

Typical permitted cases include:

• Repair documentation after prior notice and limited to the affected damage area.
• Evidence preservation in the event of imminent danger to the building (e.g., water damage), provided the measure is proportionate.
• With the tenant's explicit written consent (e.g., for a listing).

The role of consent and data protection

Without explicit consent, images showing private areas or personal data must not be used for other purposes. In addition to tenancy law, the General Data Protection Regulation (GDPR) and the general right of personality apply. If recordings are made against your will, you can demand deletion and possibly consider claiming damages.

Practical steps for tenants

If you suspect unauthorized photos or videos were made while you were away, proceed as follows:

1. Document the situation in writing and collect evidence (e.g., witnesses, times).
2. Contact the landlord in writing and demand information about purpose, scope and whereabouts of the recordings.
3. Set a reasonable deadline for information or deletion (e.g., 14 days) and announce possible legal steps.
4. If refused, consider seeking resolution at the local court or an interim injunction.^[2]

Examples and form guidance

Concrete example: After a burst pipe the landlord and a tradesperson enter the apartment and photograph the damage for documentation. This is usually justified if notice was given and only damage photos were taken. The situation differs if the landlord inspects rooms or personal items without cause and photographs them.

Suggested wording for a written demand

Use a short clear message: name date/time, demand information about purpose and deletion, and set a deadline. If possible, send by registered mail.

Courts and procedures

Disputes in tenancy law are typically heard at the local court; appeals go to regional courts and the Federal Court of Justice decides fundamental legal questions.^[3]

FAQ

May the landlord use photos of my apartment for advertising?

Only with your explicit written consent may the landlord use interior photos for advertising or listings.

Can recordings made without my consent be used as evidence?

Illegally obtained images may be inadmissible; the court assesses evidence on a case-by-case basis.

What can I do if photos were posted online?

Request deletion and information in writing and consider legal or court steps.

How-To

1. Write a short written demand with date and deadline.
2. Preserve evidence and witness statements.
3. Contact an official body or the local court for advice.
4. Consider an interim injunction if quick deletion is required.

Key takeaways

• Photos taken without consent in private homes are generally problematic.
• Documenting and communicating in writing is crucial.
• Local courts and civil procedures are the normal remedies.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Justizportal des Bundes und der Länder
• Bundesministerium der Justiz und für Verbraucherschutz (BMJ)