Tenant Rights: Regulating Contractor Access in Germany
As a tenant in Germany, you are often faced with the question of when landlords or contractors are allowed to enter the apartment. This guide explains clearly and practically which rights and obligations tenants have, how to arrange contractor access during absence and when you can refuse entry. You will receive a sample letter for immediate use, tips on documentation and concrete steps if the landlord violates their duties. The information refers to German tenancy law and points to competent courts and applicable statutes so you can make decisions confidently and protect your privacy. Practical sample texts, deadlines and tips for securing evidence help to avoid disputes or to be prepared for one. Read on for checklists, frequently asked questions and a step-by-step guide.
Rights and duties regarding access
In principle: the landlord may not enter without reason and without announcement. Under the duties from the BGB, landlords must respect privacy and announce appointments in good time [1]. Emergencies such as burst pipes are exceptions that may justify immediate access.
When is access permitted?
- In emergencies requiring immediate action.
- For previously agreed appointments with reasonable notice.
- To carry out contractually agreed work if the appointment was announced.
When can tenants refuse?
Tenants can refuse access if there was no announcement, the purpose is unclear, or the timing is unreasonable. Repeated unannounced visits or violations of privacy can justify a refusal. If you refuse access, document the date, time and reason for your decision.
Sample letter: Refusing access
Below is a simple sample letter you can send to your landlord or property management when an unannounced contractor appointment is scheduled or unclear reasons are given:
Dear Sir or Madam,
I hereby inform you that I do not consent to the announced entry by contractors on [date] in my absence. Without a written justification and a fixed agreement on the appointment, scope of work and responsible persons, entry is not acceptable to me. Please provide in writing the specific reason, the expected duration and the contact person so that we can arrange a binding appointment.
Sincerely,
[Your Name]
Practical steps for tenants
- Emergencies: allow immediate access and document the damage immediately.
- If no announcement: refuse access and request written appointment notice.
- For agreed appointments: note the names of contractors and take photos of the work.
- In dispute: consider legal advice or contacting the competent local court [2].
Documentation and evidence
Good documentation strengthens your position: date/time, names, photos before and after the measure, and written communication. Keep all messages and receipts. If repairs concern defects, check whether a rent reduction under the rules of the BGB applies [1].
FAQ
- May the landlord enter the apartment without permission?
- No, except in cases of imminent danger or if contractually agreed otherwise. Notification is generally required.
- How do I refuse contractors in my absence?
- Send a written sample letter, refuse entry on site and document the communication.
- Which court do I turn to in case of dispute?
- Usually the local district court (Amtsgericht) is competent; for larger proceedings higher courts may be involved [2].
How-To
- Check whether an emergency exists; if yes, allow access and document immediately.
- If visits are unannounced, refuse access and request a written appointment notice.
- Use the sample letter and send it by email and by registered mail if necessary.
- Collect evidence: photos, messages, receipts and witness statements.
- Seek legal help or contact the district court if the landlord violates duties [2].
