Tenant Rights for Smartlocks in Germany

Many tenants in Germany wonder whether a landlord may install a smartlock or transponder and whether they can refuse access while absent. This guide explains in clear terms what rights you have as a tenant, when consent is necessary, and how to document unwanted or unannounced access. Read concrete action steps on how to write written refusals, observe deadlines, and which authorities or courts are relevant. The examples help you decide in daily life whether to accept the installation or to legally object.

What tenants in Germany need to know

As a rule, tenancy law in the BGB governs the obligations of both parties for changes to the rented property; intrusions into privacy or additional access rights are not automatically permissible. An owner may not unilaterally create permanent access via smartlocks that impair your privacy. Minor technical changes with negligible intrusion are evaluated differently from permanent remote access. If in doubt, collect evidence: photos, messages, dates and times of requests, and written communication.^[1]

• Check the lease for clauses on access, keys, or security systems.
• Request a form or written consent from the landlord if changes expand access rights.
• Document every access attempt: photos, video, date and names of those involved.
• Contact legal advice or a tenants' association before making binding statements.
• Refuse unauthorized access and call the police in case of immediate danger or trespass.

If the landlord insists on access via smartlock, clarify basic questions: who has access? Is remote access enabled? Are personal data or access logs stored? Without clear limits, consent demands are critical. If unsure, a written refusal or demanding an individual agreement that protects your privacy is recommended.

FAQ

Can the landlord install a smartlock without asking me?

No, not without consent if the installation creates permanent access rights or affects your privacy; check the lease and document objections.^[1]

What can I do if the landlord enforces access despite refusal?

Object in writing, gather evidence and contact the competent local court or a tenants' association for legal steps.^[2]

Are there official forms for complaints or legal actions?

There are standard forms and procedures for payment orders and court actions at the judicial authorities; inquire at the competent local court or via justice portals.^[3]

How-To

1. Review your lease carefully and mark all clauses on keys, access and technical changes.
2. Write a short written refusal or clarification request and send it by email and registered mail.
3. Document all communications and incidents with dates, times and evidence.
4. Seek advice from a tenants' association or lawyer before taking court action.
5. If necessary, file a suit at the competent local court or use payment order procedures via justice portals.

Key Takeaways

• Smartlock installations can affect privacy and often require consent.
• Documentation and written communication are essential for legal action.
• Early legal advice helps avoid unwanted obligations.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) online
• Federal Court of Justice (BGH) decisions
• Justice portal: forms and procedures

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a, gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) – decisions in tenancy law, bundesgerichtshof.de
3. [3] Justice portal – forms and procedural information, justiz.de