Urgent Danger: Tenant Rights in Germany 2025

If an acute danger suddenly occurs in your flat, for example a burst water pipe, gas smell or imminent fire hazard, "danger in delay" can justify immediate entry by the landlord or a contractor. As a tenant in Germany, you have rights: protection of your privacy, the right to prior notice if possible, and the right to documentation of measures. This article explains in plain terms how to recognise danger in delay, what you should record, which deadlines and legal bases (BGB^[1], ZPO^[2]) are relevant, which official forms or templates exist and how to secure evidence. The guide is practical for tenants who must act quickly without losing their legal claims.

What does "danger in delay" mean?

"Danger in delay" exists when immediate action is required to prevent significant damage or danger to people. Typical examples are major water or gas leaks and imminent fire hazards. In such cases, the landlord or an appointed contractor may enter without prior notice under narrow conditions. Proportionality and documentation are decisive; that means purpose limitation, the least intrusive measure and immediate recording. The competent courts are usually the local courts (Amtsgericht) for tenancy disputes^[3].

How should tenants document correctly?

• Date and time (time): note exactly when you noticed the danger.
• Photos and videos (evidence): secure images and video with visible timestamps.
• Name witnesses (evidence): record names and contact details of people who observed the event.
• Document measures (repair): record which immediate measures the contractor or landlord carried out.
• Notify the landlord in writing (notice): send a defect report by e‑mail and registered mail and keep delivery confirmations. Template texts and guidance can be found at the Federal Ministry of Justice (BMJ) and in the statutory texts.

What belongs in a protocol?

A good protocol includes: date/time, exact description of the incident, photos/videos, names of those present, measures taken, times of third-party entry and recipients of the report. State in the protocol whether and how entry took place (door opened, lock damaged, etc.).

If possible, send a short written summary to the landlord immediately after the incident and request written confirmation or a statement. Use a formal letter or a template; a typical one‑line would be: "I hereby report the above damage and request you to arrange immediate rectification." For formal templates see BMJ guidance.

Data protection and privacy

Even in danger in delay, protection of your privacy applies. Entry must be limited to what is necessary. If possible, request written confirmation of the works performed and a record of which areas were accessed. Note damaged personal items and inform your household insurance if applicable.

FAQ

Can the landlord enter without prior notice?

Only in narrowly defined cases of danger in delay when immediate action is required; otherwise prior notice or authorization is necessary.

Which evidence helps in later legal disputes?

Photos, videos, witness statements, e‑mails, registered mail receipts, invoices and a continuous protocol are persuasive.

When should I involve the local court (Amtsgericht)?

If the landlord fails to remedy the danger, or if there is a dispute about damages or unlawful entry, filing at the local court may be appropriate.

How-To

1. Assess the danger (time): quickly determine whether there is an immediate risk to persons or building fabric.
2. Secure evidence (evidence): take photos, videos and note times and witnesses.
3. Inform the landlord (notice): send a written defect report immediately and demand measures.
4. Consider legal steps (court): consider filing at the local court or seeking interim relief if no remedy is provided.
5. Follow up (contacts): keep all documents and inform insurance or legal counsel if necessary.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Zivilprozessordnung (ZPO)
• Federal Court of Justice (BGH) – Decisions

1. [1] German Civil Code (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Local Courts (Amtsgericht) – justiz.de