Tenant Rights in Germany: Refuse Photos in Shared Flats

As a tenant in a shared flat in Germany, you may wonder whether landlords or flatmates are allowed to take photos or videos without permission. This raises data protection, personal rights and tenancy law issues. Often a clear written objection helps; sometimes the conduct is permitted, for example if there is a justified suspicion of damage or if everyone involved consents. This article explains in plain language which rights tenants have, which steps to take immediately, which official laws and forms are relevant and how to document problems. We show how to secure evidence, use sample texts and when a local court may intervene so you can protect your privacy in the shared flat in Germany.

What does the law say?

Fundamentally, the provisions of the German Civil Code (BGB) regulate the duties of landlord and tenant, for example regarding possession and use of the dwelling and the protection of privacy.^[1] Data protection aspects can additionally be relevant when personal images or videos are processed.

Who may take photos or videos?

In a shared flat the legal situation often depends on who takes the recordings and for what purpose. A flatmate may generally take photos in private areas of their own space provided they do not violate the personal rights of others. The landlord does not have a blanket right to make private recordings in the rented apartment or to demand others' photos; landlord access is subject to tenancy law rules.

• File a written objection: Send a clear refusal by letter or email and demand that the recording stop.
• Document photos and videos: Note date, time and participants and save metadata as evidence.
• Talk to flatmates: Clarify the purpose and demand deletion if no consent exists.
• Respect deadlines: React quickly, especially regarding deletion or injunctions.
• Consider a formal warning: For repeated violations a warning or cease-and-desist letter may be appropriate.

Practical templates and forms

There is no official "form" only for refusing photos, but you can use standard letters: a written objection, a deletion request or a warning. For serious intrusions you can consider legal action; the competent authority is typically the local court (Amtsgericht).^[2]

Example of a short objection

Draft a brief, factual and dated note: who to whom, which recording, date/time, demand to stop and delete and set a deadline (e.g. 14 days). Name witnesses and relate the issue to data protection rules if applicable.

Frequently Asked Questions

Can my landlord take photos in the shared flat?

No, not without a justified reason or your consent; the landlord does not have a blanket right to private recordings.

Do I have to delete photos taken by a flatmate?

You can request deletion if the photos infringe your legitimate interests and no consent was given.

When should I involve the local court?

In cases of repeated or serious intrusions into your privacy or if warnings are ineffective, the local court may be competent.^[2]

How-To

1. Step 1: Stay calm and document the situation (date, time, participants).
2. Step 2: Object in writing: short dated letter with demand to cease and delete.
3. Step 3: If necessary send a warning or seek legal advice; secure evidence.
4. Step 4: For ongoing violations consider filing a claim at the competent local court.^[2]

Help and Support / Resources

• Gesetze im Internet – BGB and tenancy law
• Federal Ministry of Justice – information and sample forms
• Federal Court of Justice – key decisions on tenancy law

1. [1] Gesetze im Internet: German Civil Code (BGB), §§ 535–580a
2. [2] Federal Ministry of Justice: information on courts and procedures
3. [3] Federal Court of Justice: decisions on tenancy law and data protection