Tenant Rights: Tradesperson Access in Germany
What does access regulation cover?
The landlord is generally obliged to keep the rental property in a contractually agreed condition; at the same time they must not unlimitedly intrude into tenants privacy. Specific duties and powers are found in the German Civil Code (BGB), especially regarding maintenance obligations and rights of entry.[1] In disputes, courts, including the Federal Court of Justice, provide guidance balancing owner interests and tenant protection.[3]
When may the landlord demand access?
Typical cases are urgent repairs (e.g. burst water pipe), statutory inspections (e.g. gas check) or appointments agreed in the tenancy contract. Immediate access is only permitted in cases of imminent danger. In other situations the landlord must give timely notice and state the specific purpose.
How shared-flat tenants can refuse access
- Set a clear deadline and require a written announcement with date and purpose.
- Document date, time and reason; take photos or notes and name witnesses if possible.
- Respond in writing (email or registered mail) if you refuse access or only consent under certain conditions.
- Seek legal advice or check assistance options such as legal aid before formally objecting.
If shared-flat members decide differently (one room allows access, another does not), the landlord should only enter rooms for which consent was given; blanket consents do not automatically apply to all rooms.
FAQ
- May the landlord enter my shared-flat room without notice?
- Only in emergencies (imminent danger) is immediate entry permitted. For planned work the landlord must announce the visit and state the purpose.
- Can I as a shared-flat tenant completely refuse access?
- You can refuse access if there is no urgent reason; you should object in writing and set deadlines.
- What if the landlord still forces or unlawfully obtains access?
- Contact the police in case of an acute disturbance and document the behavior; legal action can be initiated via the local court.[2]
How-To
- Ask by phone about the purpose and request an immediate written announcement.
- Set a reasonable deadline (e.g. 7 days) and state conditions for access.
- Document all communication, take photos during inspection and note the names of those present.
- For ongoing disturbance or unauthorized entry, prepare a possible lawsuit; inform the local court and review ZPO procedures.[2]
Help and Support
- Gesetze im Internet (BGB, ZPO) Official legal texts
- Federal Court of Justice (BGH) Case law
- Service.Bund Forms and guidance (e.g. legal aid)
