Tenant Rights for Imminent Danger in Germany
Precise and practical: as a tenant in Germany you need to know when a landlord may enter without your consent and how to protect your privacy. This text explains in clear terms what "imminent danger" means, which legal bases apply and which steps you should take immediately to limit damage and enforce rights. It covers emergencies like burst pipes or gas leaks, documentation, deadlines and the role of the local court. The goal is that you can act correctly, calmly and lawfully in urban situations — without legal expertise, but with concrete actions for everyday life in Germany.
What does "imminent danger" mean?
"Imminent danger" exists when immediate action is necessary to prevent significant damage to the apartment, property or health. In such cases the landlord may take measures that would otherwise require consent; the basis is the landlord's general duties under the BGB and emergency rules.[1]
In acute danger, quick action matters more than formal consents.
Landlord access rights
The landlord may not enter the apartment at will. Entry is only permitted in strictly defined cases, by law or contract, or in imminent danger. Typical reasons include:
- Urgent repair (repair) – e.g. burst pipe or heating failure, immediate remediation to prevent damage.
- Risk to persons (safety) – entry is allowed in case of gas smell, fire or acute health risk.
- Inspection to determine damage (inspect) – if imminent danger is suspected and no other solution is possible.
- Key handover in emergency (keys) – if occupants are incapacitated and danger is imminent.
Document every entry with photo and timestamp to avoid later disputes.
How to document correctly?
Photograph the damage, note time and circumstances, and inform the landlord immediately in writing or by e-mail. Request a confirmation and keep messages; this documentation helps with rent reduction or later legal disputes.[3]
FAQ
- When may the landlord enter without permission?
- He may enter if there is imminent danger, i.e. in case of acute damage to health or the substance of the apartment, such as a burst pipe or gas smell; normal inspections or meter readings do not justify entry without agreement.[1]
- Can I refuse access for privacy reasons?
- Yes, tenancy law and data protection generally protect your privacy. Without acute danger, landlords may not enter on their own; if in doubt, set a short written deadline for clarification or request an appointment.
- What if the landlord enters unlawfully?
- Document time and circumstances, contact the landlord in writing and keep evidence. In case of damage or repeated violations, consider legal action at the competent local court.[2]
How-To
- Document: Photograph the damage and situation immediately and note time and participants.
- Contact landlord: Inform the landlord immediately by phone and additionally in writing by e-mail or SMS.
- Set deadline: Give a reasonable deadline to remedy if there is no acute danger, e.g. 48 hours.
- Prepare forms/letters: Compile evidence and, if necessary, a complaint and submit documents to the local court.[3]
- Court steps: If no agreement is reached, contact the local court or seek legal advice; court decisions can be appealed up to the BGH.[4]
Early, calm communication often reduces escalation and protects your rights.
Help and Support / Resources
- §§ 535–580a BGB: Tenancy law
- Local court (Amtsgericht): jurisdiction for tenancy disputes
- Federal Court of Justice (BGH): case law in tenancy law
