Tenant Rights: Viewings When Absent in Germany

Many tenants in Germany wonder what rules apply to property viewings when they are not at home. This section explains in plain language when landlords may enter the apartment, how much advance notice is typically required, what privacy rights tenants have and which steps tenants can take to protect themselves. You will learn which legal bases apply, how formal invitations or key handovers can be arranged safely and how to collect documentation in case of later disputes. At the end you will find a short how-to, frequently asked questions (FAQ) and official contacts so you can quickly find the appropriate forms or the competent local court.

What does tenancy law regulate?

Tenancy law in the BGB defines the duties and rights of tenants and landlords, including access rules and maintenance obligations.^[1] As a rule, landlords may not enter the apartment without permission. Exceptions apply in case of immediate emergencies or where the tenant has consented. In unclear situations, documenting appointments and messages helps to reconstruct events later.

When may the landlord enter?

• Emergencies (e.g. burst pipe) – immediate access is justified.
• Prearranged viewing appointments with the tenant's consent.
• Works for which the landlord is legally responsible (e.g. repairs), after notice.
• Entry without consent is only permitted within narrow legal limits.

Notice and deadlines

Landlords should announce appointments in good time and state the purpose and approximate duration. What counts as "timely" varies by case; 24 to 48 hours is common. A written or electronic invitation with date and time reduces misunderstandings.

• Always state the purpose and the visitor's name.
• Provide a time window and expected duration.
• Offer an alternative date if you cannot attend.

What to do if there are access or data protection problems?

If you notice an unauthorized entry or repeated unannounced visits, document date, time, people involved and take photos of any damage. If necessary, send a formal request to the landlord to announce future visits and state reasons in writing.

• Step 1: Collect documentation (dates, photos, messages).
• Step 2: Send a written request to the landlord, preferably by registered mail.
• Step 3: If problems persist, involve legal advice or the competent local court.

FAQ

Can the landlord order a viewing without my consent?

No, generally not. Entry without consent is only allowed in narrow exceptions such as emergencies.

How much notice must the landlord give?

There is no universally binding deadline; 24 to 48 hours is common, depending on urgency and purpose.

Where can I turn if there is a legal dispute?

Tenancy disputes are usually handled by the local court (Amtsgericht); higher instances include the regional court and the Federal Court of Justice.^[2]

How-To

1. Confirm or decline the appointment in writing and propose alternatives.
2. Record key handover terms in writing and name witnesses.
3. Use template letters for repeated violations (e.g. warning or complaint form).^[3]
4. Seek support from a local legal advice center if needed.

Help and Support / Resources

• Gesetze im Internet – Official law texts (BGB)
• Federal Court of Justice – decisions on tenancy law
• Federal Ministry of Justice – Service & Forms

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a (gesetze-im-internet.de)
2. [2] Bundesgerichtshof (BGH) – Information and decisions (bundesgerichtshof.de)
3. [3] Federal Ministry of Justice – Service & Forms (bmj.de)