Urgent Cases: Tenant Rights in Germany

Many tenants in shared flats face the question of when landlords may enter the apartment for reasons of "danger in delay". In Germany, tenancy law protects privacy but allows access in exceptional emergencies to avert damage or protect life. This article explains clearly when "danger in delay" applies, which rights flatshare members have, which deadlines apply and which steps tenants can safely and lawfully take. The checklist and step-by-step guide help to document correctly, inform the landlord and involve courts and authorities if necessary. The goal is to empower tenants in Germany without requiring legal expertise.

When does "danger in delay" apply in shared flats?

"Danger in delay" exists when immediate action is required to prevent significant damage or danger to people. Typical examples include burst water pipes, gas smell, acute fire risk or an open window during a storm that could cause substantial property damage. The concrete urgency and whether immediate access is unavoidable are decisive. Legal duties for maintenance and protection arise from tenancy law.

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Rights and obligations

Landlord access and privacy

As a rule, the landlord must schedule access with the tenants' consent; the residents' privacy must be protected. In cases of danger in delay, prior consent is not required, but access must be proportionate and purposeful. Afterwards, the landlord should document and justify the incident in writing.

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Practical steps for tenants

• Document immediately: photos, date, time and note witnesses.
• Inform the landlord in writing afterwards and state the reason for access.
• In case of danger to people, call emergency services or the police immediately.
• Document costs and damages for possible reimbursement claims.
• If disputes remain, seek advice and consider filing suit at the local court.

Practical checklist for flatshare members

• Collect evidence photos and keep unalterable records of dates and times.
• Send a brief, factual message to the landlord with a time limit (e.g. 48 hours).
• Observe deadlines: set realistic short deadlines for remediation or information.
• Contact the competent local court if it concerns eviction, claims or interim measures.

FAQ

What does "danger in delay" mean?

Danger in delay exists when immediate action is required to avert significant damage or danger to people.

May the landlord enter without consent?

Only in narrow exceptions for acute danger. Otherwise, access usually requires tenant consent or a court order.

What documents should tenants collect?

Photos, witness statements, date/time stamps, possible repair invoices and written communication with the landlord or authorities.

How-To

1. Document the incident immediately with photos and date.
2. Inform the landlord in writing, specify the problem and set a short deadline.
3. In case of immediate danger, call police or emergency services and secure evidence.
4. If no agreement is reached, prepare documents for legal review or proceedings at the local court.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
• Local courts and court system – Justiz
• Federal Ministry of Justice – Forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — Gesetze im Internet
2. [2] Informationen zu Gerichten — Justiz
3. [3] Bundesministerium der Justiz — Formulare und Informationen