Tenants: Photos and Videos During Absence in Germany

As a tenant in Germany, you should know which photo and video recordings your landlord may make during your absence and which they may not. This section explains clearly and practically which data protection and entry rules apply, when photos are admissible as evidence, and which forms or deadlines you must observe. We cover common mistakes such as missing consent, too-wide camera angles, or filming private areas, and provide concrete steps to protect your privacy. At the end you will find pointers to relevant laws, competent courts and official forms so you can enforce your rights confidently and understandably. The guidance is practice-oriented and written for non-legal readers.

What is allowed?

For tenants there are clear rules: landlords may only enter with consent or for an urgent reason; otherwise entry is prohibited. Photos to document damage are usually permitted if they show only communal areas or the damage itself; private areas remain protected. Relevant tenancy law provisions are in the BGB ^[1] and procedural rules apply under the ZPO ^[2]. Jurisdiction is usually with the local court (Amtsgericht); appeals go to the Landgericht and the Federal Court of Justice ^[3].

Common mistakes

• Using photos without date or time stamps as evidence
• Recording private rooms without explicit consent
• Failure to document or properly serve notices and consents
• Installing or maintaining permanent cameras without justification

What you should do

If you record or are recorded: request written information about date, purpose and scope, keep copies and note witnesses. For unlawful recordings, send a written deletion request and log the incident and all communication. If necessary, prepare for litigation and consider an application for legal aid (Prozesskostenhilfe, PKH) ^[4].

FAQ

Can my landlord take photos of my apartment when I am not there?

Only with your explicit consent or in cases of urgent danger; mere suspicion does not permit recordings.

What rights do I have against unlawful recordings?

You can demand deletion, an injunction and possibly damages; disputes are typically handled by the local court (Amtsgericht) ^[3].

What evidence is useful in court?

Date-stamped photos/videos, witness statements, written correspondence and consents are most effective.

How-To

1. Document the incident, including date, time and involved persons.
2. Send a written request for deletion of unlawful recordings and ask for written confirmation.
3. Contact the competent local court or a legal advice center if the other party does not cooperate.
4. Prepare possible court documents and check eligibility for legal aid (PKH).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – tenancy law provisions
• Zivilprozessordnung (ZPO) – court procedures and jurisdiction
• Federal Court of Justice (BGH) – case law and decisions

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Competent courts: Federal Court of Justice – bundesgerichtshof.de
4. [4] Information on legal aid (Prozesskostenhilfe, PKH) – Federal Ministry of Justice (bmj.de)