Tenants in Germany: Avoid Drones Over Private Areas

Tenant Rights and Duties

Tenants in Germany increasingly face drones over balconies, courtyards and private gardens. Such flights raise issues of privacy, house rules and safety. As a tenant you have rights under tenancy law, but also duties: document incidents, speak promptly with neighbors and the landlord, and check whether official steps are necessary.^[1]

Common Mistakes

• No evidence collection (evidence): Missing photos, videos and timestamps.
• Not informing the landlord (contact): Only verbal reports or no written record.
• Ignoring deadlines (deadline): Missing important response times.
• Acting on your own (safety): Catching the drone, entering private property or damaging devices.

Forms and Legal Steps

There is no specific "drone form" for tenants, but standard templates help: a short written notice to the landlord (documentation, time, photos), a police report for privacy violations or property damage, and possibly a civil lawsuit before the local court. For a lawsuit, the complaint must meet the rules of the Code of Civil Procedure.^[2] When higher court decisions are relevant, rulings of the Federal Court of Justice can provide legal guidance.^[3]

Concrete Steps

1. Document immediately: note photos, videos and witnesses.
2. Contact the neighbor/operator and inform the landlord in writing.
3. Send a formal cease-and-desist request with a deadline and list of evidence.
4. If necessary, file a police report or consider a lawsuit at the competent local court.

Frequently Asked Questions

1. Can a drone fly over my balcony?

Short answer: Not necessarily. Whether the flight is unlawful depends on the specific intrusion into privacy and local air traffic rules; document incidents and address the operator.

2. What if photos or videos were taken?

Collect evidence, inform the landlord and consider filing a criminal complaint or a cease-and-desist request; keep copies of all communications.

3. When is court appropriate?

If discussions and written requests fail and the intrusion continues, a civil lawsuit at the local court may be appropriate; the Code of Civil Procedure governs the process.^[2]

How-To

1. Document immediately: record photos, videos and witness details.
2. Contact the neighbor/operator and inform the landlord in writing.
3. Send a formal request to cease the activity with a deadline and evidence list.
4. File a police report or consider court action at the local court if needed.

Key Takeaways

• Documentation strengthens your position in disputes.
• Early communication often prevents escalation.
• Formal letters should specify deadlines and evidence.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH) — Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Decisions
4. [4] Federal Ministry of Justice — Forms and Information