Tenant Rights: Refuse WG Entry in Germany

As a tenant in a shared flat in Germany you may sometimes face unannounced or announced requests by the landlord to enter. It is important to know when landlords are legally allowed to request entry, which deadlines apply and how you can legitimately refuse without losing your rights. This text explains in plain language your rights, common reasons for entry requests (e.g. repairs or viewings), which documents and evidence are useful and the role of local courts and the Federal Court of Justice in disputes. At the end you will find a step-by-step guide, frequently asked questions and verified links to official laws and courts in Germany.

When may the landlord enter?

The German Civil Code (BGB) governs landlord duties and tenant protections.^[1] Entry is usually permitted for urgent repairs, imminent danger or when a viewing for re-rental is necessary. The landlord should state the purpose and normally announce entry in advance. If you suspect unlawful entry, object in writing and explain your reasons.

Common reasons for entry

• Repairs or maintenance by tradespeople.
• Viewing for re-letting or sale.
• Imminent danger, e.g. burst pipe.

How to refuse correctly

If you want to refuse entry, do so in writing and remain factual. State reasons (e.g. insufficient notice, no valid reason, privacy concerns) and offer alternative appointments if possible. Document the announcement, date and time, and keep copies. If in doubt, check legal bases and template texts before you file a formal objection.^[1]

Forms and official steps

There is no single federal "refusal form", but legal proceedings follow the rules of the Code of Civil Procedure (ZPO).^[2] Examples of relevant documents are:

• Written objection: no official form, but a clear dated letter sent by registered mail.
• Complete documentation: photos, emails and witness statements as evidence.
• Filing a complaint at the local court: follow ZPO requirements and regional court forms.

If it goes to court

Disputes over entry are typically handled by local courts (Amtsgerichte); appeals go to regional courts and the Federal Court of Justice (BGH).^[3] The ZPO sets deadlines and filing rules. Seek advice before filing a suit and use your local court's information services.

Frequently Asked Questions

Can I completely refuse entry as a tenant?

You can refuse entry if there is no legitimate, concrete reason or the notice is insufficient; explain and document the refusal in writing.

What deadlines apply for announcements?

There are no fixed federal deadlines for simple entry announcements; reasonable advance notice is customary and may be set in the lease.

Where do I turn in case of escalation?

If disputes arise you may contact the local court (Amtsgericht); for fundamental legal questions the regional court and the BGH are competent.

How-To

1. Check the announcement in writing and note date, time and purpose.
2. Send a factual objection by email or registered mail, state reasons and suggest alternative times.
3. Document all messages, photos and witnesses as evidence.
4. If necessary, inform the local court and consider filing a claim under the ZPO.

Key Takeaways

• Keep communication written and observe deadlines.
• Immediate entry can be allowed in cases of imminent danger.
• Local courts, regional courts and the BGH are the competent authorities.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Decisions on tenancy law