Tenant Rights: Tradesperson Access in Germany 2025
Access Rights and Privacy
Landlords generally may not enter the apartment without consent. Maintenance duties arise from the Civil Code (BGB), in particular concerning the landlord's maintenance obligations and tenant remedies for defects.[1] In practice this means: visits by tradespeople must be announced, the purpose clearly stated and a reasonable appointment offered. In urgent emergencies (e.g. burst pipe) immediate access is possible, but landlords should still document the intervention and explain why urgency was necessary.
Practical Steps: Recording and Evidence
- Confirm the appointment in writing and record the time.
- Take before-and-after photos and note date/time.
- Inform witnesses or neighbors and document contact details.
- Send a written defect notice to the landlord and request confirmation of receipt.
What to Do If Access Is Refused?
If a landlord unreasonably demands access or repeatedly appears without notice, first set a written deadline for clarification and require a binding appointment. If the landlord does not respond, the next step is to seek legal advice and, if necessary, prepare court action. Procedures before local courts and rules for civil proceedings are governed by the Code of Civil Procedure (ZPO); measures such as interim injunctions or lawsuits are subject to ZPO provisions.[2]
Concrete Rules of Conduct
- Set reasonable deadlines (e.g. 7–14 days) for appointment confirmations.
- Keep copies of all letters and proof of delivery.
- Create a short protocol with date, time, attendees and scope of work.
- If necessary: consult the local court or review higher court rulings on access rights.[3]
Häufige Fragen
- May a landlord enter the apartment without notice?
- No. Entry without explicit consent is generally not permitted, except in acute emergencies (e.g. burst pipe).
- How long must I accept a tradesperson appointment?
- Appointments must be reasonable; short-notice emergencies are excepted. For repeated unreasonable demands you can object and set deadlines.
- What evidence helps in a dispute?
- Photos, protocols with date/time, written notices and witness statements are particularly persuasive.
How-To
- Notify in writing: state reason, propose dates and request confirmation.
- Confirm appointment: acknowledge date and time in writing.
- Secure evidence: take photos before and after and create a short protocol.
- Document contacts: note names and roles of tradespeople.
- Seek legal advice if needed and prepare documents for the local court.
Help and Support / Resources
- BGB §535 on landlord duties — gesetze-im-internet.de
- Federal Court of Justice — bundesgerichtshof.de
- Justice portal of the federal states — justiz.de