Tenant Rights: Imminent Risk in Germany
As a tenant in Germany, you can protect your privacy in situations of "Gefahr im Verzug" and, under certain conditions, refuse a landlord's entry. This article explains in plain language what the legal term means, which duties landlords have and how you as an affected tenant should respond, such as which deadlines apply, which evidence is useful and when legal steps become necessary. We provide practical wording, useful authorities and courts, and official forms that may be required in doubt. The aim is to give you concrete, immediately actionable steps so you can assert your tenant rights in Germany calmly and effectively. If you have specific questions, you will find clear steps and links to official bodies below.
What is "Gefahr im Verzug"?
"Gefahr im Verzug" refers to a situation requiring immediate action to prevent significant harm. In tenancy law this can mean that, in the event of an acute water pipe burst, the smell of fire, or an immediate threat to the building structure, action must be taken without delay. In such cases a landlord may under narrow conditions enter without prior consent or hire craftsmen. The governing rules are the general obligations from the BGB and relevant case law.[1]
Legal basis
The landlord's maintenance duties and tenant protections are regulated in the German Civil Code (BGB); in court proceedings the Code of Civil Procedure (ZPO) applies. Decisions of the Federal Court of Justice (BGH) often set standards for assessing "Gefahr im Verzug".[1][2][3]
When entry may be justified (examples)
- Acute water pipe burst causing flooding risk that requires immediate action.
- Strong smell of fire or visible flames inside the dwelling.
- Risk to neighbors or the building fabric that will escalate without intervention.
How tenants should act
If you are notified that the landlord intends to enter due to an alleged danger, assess the situation and document everything. Ask for a precise description of the danger, the time and the names of persons who will enter. Do not reject entry outright but weigh the risk and reply with a concise written message.
Concrete action steps
- Collect photos and brief notes about the time of the damage.
- Request a written description of the alleged danger from the landlord.
- Send registered mail with return receipt or an email with read confirmation if needed.
- Contact the competent local court if eviction or compulsory measures are threatened.[4]
Sample wording (short)
"Dear landlord, please provide a written description of the alleged danger, the purpose and scope of entry. I am currently absent and will authorize entry only if there is an immediate danger to life, limb or the building fabric."
Häufige Fragen
- Can I refuse a landlord entry if I am not at home?
- Yes, you can generally refuse entry if there is no immediate danger to people or the building. Request a written explanation and document the situation.
- What counts as sufficient proof of "Gefahr im Verzug"?
- Concrete signs such as visible water leakage, smell of fire or damage confirmed by experts count as proof. Photos or witnesses can help.
- Which courts are competent if a dispute arises?
- Rental disputes are usually first heard at the local district court (Amtsgericht); higher instances include the regional court (Landgericht) and possibly the Federal Court of Justice (BGH).
Anleitung
- Document immediately: take photos, note date, time and witnesses.
- Ask in writing: request a precise description of the danger and the reason for entry.
- Consult experts or emergency services if there is acute danger.
- Initiate court proceedings at the local court if necessary or seek legal advice.
Hilfe und Unterstützung
- [1] Federal Ministry of Justice and Consumer Protection
- [2] German Civil Code (BGB) online
- [3] Justice Portal: Information on Courts (Local Court)
