Tenants: Refuse Photos & Video During Absence in Germany

Legal situation

As a tenant in Germany you have a right to privacy and to use the rented property as agreed. Key factors are the duties from the tenancy agreement and the rules in the Civil Code (BGB), as well as general limits on what is reasonable for entry and documentation^[1]. Without explicit consent systematic photo or video recordings by the landlord inside the apartment are generally not permitted, except where there is a concrete justifying reason (for example an emergency or to prevent imminent danger).

Common situations and your rights

Landlords may need access for practical reasons such as repairs, maintenance, or to investigate damage. In such cases entry must be announced and kept to a reasonable scope. If the landlord wants to take photos or videos while you are absent, ask for a clear justification and check whether the measure is proportionate.

Practical steps for tenants

• Collect evidence: photos, video, dates and witnesses (if possible, document on site).
• Send a written objection and prohibit access; keep copies of all communication.
• Observe deadlines and record appointments so you can prove timelines.
• If there is a dispute, contact the competent local court (Amtsgericht) and consider whether an interim injunction is needed^[2].

What to do if photos were taken unlawfully?

If you believe recordings were made without legal basis or consent, document the scope and timing and demand deletion of unlawful images. Request written confirmation about the nature and whereabouts of the recordings. If privacy was seriously violated or damage occurred, consider legal action and secure all evidence.

FAQ

Who decides whether photos are allowed in my apartment?

The tenancy agreement, the circumstances (e.g., emergency) and statutory rules are decisive; in case of doubt a court, usually the local court (Amtsgericht), decides^[2].

Can I generally forbid photo recordings?

Yes, you can generally object without consent. Where the landlord has a legitimate interest (e.g., danger) limited entry may be justified.

Do courts usually look at such cases?

Yes, the Federal Court of Justice and other courts have rulings that draw boundaries for landlord access and documentation; relevant case law should be examined^[3].

How-To

1. Document the incident and the scope of the recordings immediately with dates and descriptions.
2. Send the landlord a formal written message (objection) and request information about purpose and whereabouts of the recordings.
3. Seek assistance from your local tenant advice or the local court if uncertain.
4. If necessary, consider filing a lawsuit or interim injunction at the competent local court to enforce your rights.

Help and Support / Resources

• Gesetze im Internet – Federal law (BGB)
• Justice Portal – Information on courts (Amtsgerichte)
• Federal Court of Justice – Case law

1. [1] Gesetze im Internet – Federal law (BGB)
2. [2] Justice Portal – Information on courts (Amtsgerichte)
3. [3] Federal Court of Justice – Case law