Tenant Rights for Serviced Apartments in Germany

Many tenants in Germany wonder how serviced apartments are legally classified and what data protection obligations landlords have. This article explains in simple, practical terms which rights and obligations you have as a tenant, how personal data must be protected and which steps are possible if problems arise. We explain relevant sections of the BGB, typical clauses in the rental contract, the role of the local court in disputes and concrete forms tenants can use. At the end you will find action steps for complaints, template texts and official authority contacts so you can enforce your rights securely and in compliance with data protection.

What applies legally to serviced apartments in Germany?

Serviced apartments are often organized as tenancy agreements with additional services. The contractual classification and obligations under tenancy law according to the German Civil Code are decisive. In disputes about defects, termination or eviction, the local court (Amtsgericht) is usually competent; higher courts such as the regional court and the Federal Court of Justice may decide on appeals.^[1]

Data protection: which data may the landlord process?

Landlords may only process the personal data necessary for the contractual relationship. This includes, for example, name, payment data and information for contract performance. Special categories of personal data may only be processed with an explicit legal basis. Information on purpose limitation, retention periods and disclosure must be transparent in the contract or a privacy notice.

Typical types of data

• Access data and key logs (entry).
• Photo documentation of damage, handover protocols (document, photo).
• Contact details for emergencies and cleaning services (contact).

Rights and practical steps in case of data protection or tenancy problems

If you as a tenant suspect that data is being used unlawfully or your living quality is affected, follow clear steps: document incidents, request information and correction, and use official bodies or the local court if necessary.

1. Collect evidence: photos, messages, handover records (document, photo).
2. Notify in writing: demand information or correction (notice, form).
3. Observe deadlines: set response and remedy periods (time).
4. If necessary: file a claim at the competent local court (court).

FAQ

Can the landlord use video surveillance in a serviced apartment?

Video surveillance is only permitted if it is proportionate, the purpose is clearly stated and it does not excessively interfere with privacy; if in doubt, request information and possibly object.^[2]

Which forms should I know as a tenant?

Important are written defect notifications, possibly a termination letter to the landlord and, in court proceedings, the complaint according to the requirements of the ZPO; if necessary, consultation assistance can be applied for.^[1]

Who is responsible for an eviction claim?

Eviction claims are heard in the first instance at the local court; further remedies go through the regional court and up to the Federal Court of Justice for fundamental legal questions.^[3]

How-To

1. Notify defects in writing: specify date, location, evidence and a deadline for remedy (notice).
2. Prepare documentation: collect photos, messages, witness statements and handover records (document, photo).
3. Consider court action: if the landlord does not respond, file a claim at the competent local court or seek legal advice (court).

Key Notes

• Keep copies of all letters and receipts.
• Use deadlines and proper service to secure your rights.

Help and Support / Resources

• Local court and BGB information (BGB §§ 535 ff.)
• Procedural rules (ZPO)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) § 535 ff.
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH)