Tenant Rights in Germany: Notice of Entry
As a tenant in Germany, it is important to know when and how a landlord may enter your apartment, especially if you are not at home. This guide explains the legal basis under the BGB, which notice periods apply, which official forms or proofs are useful, and how to react if entry occurs without notice or privacy questions arise. Using practical steps we show how to document evidence, meet deadlines and, if necessary, involve the local court. The goal is to give you concrete actions so you can assert your tenant rights calmly and effectively. Read on for checklists, FAQs and sample forms.
When may the landlord enter?
In principle, the tenant's apartment is protected by the rental agreement and privacy. The landlord's duties and the tenant's rights are regulated in the BGB [1]. Entry without consent is only permitted in narrow exceptions, such as danger to the apartment. In all other cases the landlord needs an objective reason and should announce the entry.
- Emergency or danger from water, fire or similar (immediate entry possible).
- Agreed viewing appointments such as during handover or modernization.
- Access to carry out urgently required repairs after announcement.
Notice and deadlines
There is no uniform statutory minimum notice period for every type of entry; instead: the announcement must be appropriate to the purpose and give the tenant fair preparation time. For routine work a short notice is common; for modernizations more lead time is expected. Communicate appointments in writing or by email and note date and time.
- Short-term repairs: announce as soon as possible, often 24–48 hours is appropriate.
- Viewings for tenant change: arrange at least several days to weeks in advance.
What to do when absent?
If you are not at home, the landlord cannot automatically enforce entry. You can offer an alternative date, authorize a representative, or explicitly permit entry only for specific tasks. Documentation helps: photos of the notice, emails and witness notes are important.
- Ask the landlord in writing to confirm the appointment and state purpose and duration.
- Save photos and messages as evidence in case of later disputes.
- Appoint a trusted person as your representative with written authorization.
Unauthorized entry and legal steps
If the landlord enters without notice or without a justified reason, you can first demand a written cease-and-desist and consider filing a complaint for trespass. Further options include criminal complaint and civil action at the local court [2]. For fundamental disputes, Federal Court of Justice rulings are relevant [3].
Forms and procedures:
- Civil complaint form (form for filing a civil suit at the local court): Used when judicial clarification is necessary; for example, submit the form with a clear statement of facts and evidence to the competent local court.
- Application for an interim injunction: If urgent protection is needed (e.g., further unauthorized entry is threatened), apply to the court immediately and attach documentation and deadline notices.
FAQ
- Does the landlord have to announce entry?
- Yes, except in emergencies the landlord generally must announce entry and have a justified reason.
- May the landlord keep keys and use them without notice?
- Having keys does not authorize unannounced entry; use without permission can be unlawful.
- What can I do if the landlord comes without notice?
- Document the event, request a written explanation and consider a cease-and-desist or legal action.
How-To
- Check the notice and note date, time and stated reason.
- Photograph or save the notice and all messages as evidence.
- Contact the landlord in writing to clarify purpose, duration and alternative dates.
- If the landlord acts without justification, send a warning and consider filing a lawsuit at the local court.
