Tenant Rights: Refuse Property Manager Entry in Germany
When may a representative enter?
Basically, the tenant must tolerate measures necessary to preserve the rental property. However, unannounced entry by a person claiming to be a representative of the property manager should not simply be accepted. In many cases prior notice or consent is required; in case of imminent danger entry may be justified exceptionally.
Legal basis and responsibilities
Key regulations are found in the German Civil Code (BGB), especially regarding landlord duties and the tenant's duty to tolerate. In legal disputes, local courts (Amtsgerichte) are competent in the first instance; procedural rules for lawsuits are in the Code of Civil Procedure (ZPO)[2]. For fundamental questions higher courts like the Federal Court of Justice decide[3].
Typical deadlines and notice rules
- Many administrations use a notice period of 24 to 48 hours; check your rental agreement.
- For viewings due to re-letting, an appointment is often required and the purpose should be stated.
- For repairs, urgency matters: acute hazards (water damage, gas) justify shorter notice periods.
How to refuse entry — practical steps
If you doubt a representative's identity or the notice is insufficient, take the following steps:
- Ask the representative for identification and note name and company.
- Politely state that entry is not permitted without prior notice or written authorization.
- If unsure, call the known property management number before allowing entry.
Template letters to the property management
A short written notice documents your refusal and protects your rights. Example wording:
- "I hereby inform you that I do not consent to entry by unidentified representatives without prior written notice and proof of authorization."
- Add date, time and, if applicable, witness details.
Documentation and evidence preservation
Good documentation strengthens your position if a dispute arises.
- Take photos of identification documents, note date and time.
- Save emails and SMS with announcements.
- Keep a short event log with times.
When to consider legal action
If the property management repeatedly appears without notice, fails to prove representatives' identity or exerts undue pressure, you can first issue a written warning and set a deadline. If that does not help, initiating court proceedings at the local court is possible.
FAQ
- Can I immediately refuse a representative if no authorization is shown?
- Yes, you may refuse entry as long as no justified duty to tolerate exists (e.g. imminent danger).
- What notice period is customary?
- Customary notice is 24 to 48 hours, but the rental agreement and the concrete situation are decisive.
- Whom should I contact in case of repeated violations?
- First file a written complaint with the property management; for persistent violations you can contact the local court.
How-To
- Request identification and record details.
- Send a brief written refusal to the property management.
- Collect evidence: photos, messages, witnesses.
- If behavior continues, consider legal action at the local court.
Key takeaways
- Tenants have a right to privacy and may limit unannounced entry.
- Documentation and written communication are crucial to protect your rights.
- For disputes, local courts and the ZPO provide the procedural framework.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de
