Tradesperson Access 2025: Tenant Rights Germany
What does tradesperson access mean?
Tradesperson access means that someone wants to enter the apartment for repair, maintenance or servicing. Basically: except in emergencies the landlord needs the tenant's consent or at least a justified notice. The legal basis can be found in the Bürgerliches Gesetzbuch (BGB).[1]
Rights and obligations of tenant and landlord
Both parties have duties: the landlord must inform in good time and limit the intervention to what is necessary. The tenant must grant access if the measure is necessary and reasonable.
- Deadlines (deadline): The landlord should make notices in good time; there is no single statutory deadline.
- Access (entry): Without consent access is only allowed in emergencies or if contractually agreed otherwise.
- Repairs (repair): For urgent repairs access is usually justified; for planned works coordination is required.
- Forms (form): Ask for a written notice or a short protocol with the date and scope of the work.
What to do with unannounced access?
If a tradesperson appears unannounced, remain calm and ask for identification or a power of attorney from the landlord. Document the incident with date, time and witnesses. If breaches repeat, you can require the landlord to announce in writing and possibly consider legal steps.[2]
Forms and templates for tenants
Important official forms for disputes include applications for legal advice support (Beratungshilfe) or legal aid (Prozesskostenhilfe); for terminations and court proceedings the rules of the Code of Civil Procedure (ZPO) apply.[2] Practical example: If you have repeated unannounced entries, send the landlord a written template letter forbidding access and requesting written notice. If costs or court action become necessary, applications for legal advice support or legal aid can help secure legal representation.[4]
If it goes to court
Tenancy disputes are usually heard in the first instance at the local court (Amtsgericht); appeals go to the regional court (Landgericht), and fundamental issues are decided by the Federal Court of Justice (BGH).[3]
- Court (court): The Amtsgericht is often the competent instance for tenancy matters.
- Evidence (evidence): Collect photos, messages and witness statements as evidence.
FAQ
- May a tradesperson enter without notice?
- Only in real emergencies, such as a burst water pipe; in all other cases the landlord needs to announce or obtain your consent.[1]
- What notice period must the landlord observe?
- There is no uniform statutory deadline; the notice must be "timely" and reasonable, for example several days for planned work.
- What should I do about repeated privacy violations?
- Document incidents, demand written assurances and consider legal steps, possibly with support through legal advice assistance or legal aid.[4]
How-To
- Check the notice and note date and time (deadline).
- Reply in writing: consent or justified refusal (form).
- Document visits with photos, names and witnesses (evidence).
- For ongoing problems contact the local court or seek legal advice (court).
- Use legal advice support and official hotlines to get assistance (hotline).
Help and Support / Resources
- BGB - Civil Code (Gesetze im Internet)
- Local courts - Amtsgerichte information
- Federal Court of Justice (BGH) - bundesgerichtshof.de