Tenant Rights: Landlord Entry in Germany
Many tenants in Germany ask when a landlord may enter the apartment and how announced visits with deadlines are assessed legally. This article clearly explains the most important tenants' rights, which statutory bases in the BGB apply, how to document announcements and appointments, and when entry without permission is unlawful. You will receive practical advice on evidence, including sample letters for demands or objections, and tips on how to act when faced with repeated or unexpected entry requests. I list typical deadlines, how to gather documents and where to turn, such as the local court or official advisory services, plus notes on relevant BGH decisions.
What your landlord is allowed to do
Landlords have duties under the BGB, especially regarding maintenance and acceptance of repairs. Entry is only permitted with consent or in cases of danger, emergencies, or by court order. Announced appointments must be reasonable; specific deadlines are not always prescribed by law, but judges assess proportionality and purpose.[1]
Securing evidence
- Document deadlines (deadline): Note date, time and content of the notification.
- Collect photos and videos (evidence): Photograph damage, open doors or unfamiliar items.
- Keep correspondence and sample letters (form): Save emails, texts and registered mail receipts.
- Consider the local court and legal steps (court): For persistent violations, an application to the local court may be necessary.[2]
Sample letter: Refuse entry
Use a clear sample letter if you refuse unsolicited entry or do not accept an announcement. State the date, reason and a deadline within which proof must be provided. Send the letter by registered mail with return receipt or electronically with read confirmation. For court procedures you will find guidance on official forms and information sheets.[3]
Frequently Asked Questions
- 1. May my landlord enter without announcement?
- Usually no; entry without consent is only permitted in case of imminent danger or by legal order. Document such incidents.
- 2. What deadlines apply to an announced entry?
- There is no fixed statutory minimum deadline. Announcements must be "reasonable"; short-notice appointments are allowed only for legitimate interests.
- 3. How do I prove unlawful entry?
- Collect photos, witness statements, logs and correspondence; use sample letters to formally complain about incidents.
How-To
- Set a deadline (deadline): Send a sample letter with a clear deadline, e.g. 7 days.
- Gather evidence (evidence): Take photos, save messages and record witnesses.
- Send the sample letter (form): Send by registered mail or email with read confirmation.
- Inform the local court (court): File a claim or application if necessary and present your evidence.[2]
Key points at a glance
- Landlords are responsible for maintenance.
- Your privacy is protected.
Help and Support
- BGB online: §§ 535–580a
- Information on local courts
- Federal Ministry of Justice and Consumer Protection
