Tenant Rights: Key Management in Germany

Many tenants in Germany are unsure whether they must hand over keys to the landlord or a representative when they are temporarily absent. This practical and easy-to-understand worksheet explains your rights as a tenant, when you may refuse key handover, how to protect your privacy and which deadlines and legal steps apply in case of unauthorized entry. I explain the landlord's obligations under the law, which evidence you should collect and how to proceed in a dispute, including notes on courts and official forms. The guidance is practice-oriented and explains terms like "contractual use" in plain language.

What tenants in Germany should know

Landlords have obligations under the German Civil Code (BGB) for maintenance and contractual use of the rented property; at the same time tenants have a right to privacy and an inviolable living sphere. For questions about responsibility and rights, consult the relevant provisions of the BGB.^[1]

When you can refuse key handover

You may refuse key handover if the landlord does not give a legitimate reason or a clear contractual basis, or if entry is to take place outside agreed times. Document the conversation and request a written justification.

• If no legal or contractual reason for entry is given, you may refuse.
• For announced repairs request written appointments and proof of the contractor order.
• For authority-ordered entry, ask for an explanation of the legal basis.

How to protect your privacy

Request a written announcement with date, time and purpose. Insist on accompaniment by witnesses or on filming the entry in case of disputes (inform in advance about recordings). Collect evidence: photos, messages, witnesses, invoices.

Steps in case of unauthorized entry

1. Document immediately what happened (photos, date, time, witnesses).
2. Request a written explanation from the landlord and set a reasonable deadline for response.
3. Consider a written cease-and-desist demand if entry persists.
4. Seek legal advice or contact your local Amtsgericht if damages or intrusions continue.

FAQ

Can the landlord enter my apartment at any time if I am absent?

No. Entry is only permitted on a legal or contractual basis, after announcement and at reasonable times; otherwise you may refuse handover and consider legal action.

Do I have to hand keys to neighbors or the janitor?

Only if this is contractually agreed or there is a legitimate, clearly justified purpose. Otherwise you may refuse and propose alternatives.

Which courts are responsible if there is a dispute?

Many tenancy disputes are handled by the Amtsgericht; higher instances are the Landgericht and for fundamental issues the Federal Court of Justice.^[2]

How-To

1. Collect evidence: photos, messages, witnesses and dates.
2. Write a formal request to the landlord with a deadline and reasoning.
3. If necessary, file a lawsuit at the competent Amtsgericht or apply for a preliminary injunction (depending on the case).^[2]
4. Use official forms and template letters for assistance, e.g. sample termination letters or correspondence templates from the Federal Ministry of Justice.^[3]
5. Remain factual and document every step to preserve evidence.

Help and Support / Resources

• §§ 535–580a BGB — Gesetze im Internet
• ZPO — Gesetze im Internet
• BMJV — Federal Ministry of Justice and Consumer Protection

1. [1] BGB §§535–580a — Gesetze im Internet
2. [2] ZPO — Gesetze im Internet
3. [3] BMJV — Bundesministerium der Justiz und für Verbraucherschutz