Urgent Entry in Shared Flats: Tenant Rights Germany
As a tenant in a shared flat in Germany, a "danger in delay" ("Gefahr im Verzug") can require quick decisions: for example, a burst pipe, smoke, or an acute health hazard. It is important to know what access rights landlords have, what deadlines apply and how to protect your privacy. This article explains in practical terms tenants' rights, typical steps for evidence preservation, which forms are helpful and when legal action may be appropriate. The guidance is aimed at flat-share residents without legal expertise and shows how to report damage, document emergencies and, if necessary, involve the local court.[1] At the end you will find a step-by-step guide, frequently asked questions and links to official laws and forms.
What is "danger in delay"?
"Danger in delay" means that immediate action is required in the event of acute damage because otherwise substantial harm or danger to people is imminent. Typical cases are a burst pipe, heavy smoke or an acute health hazard from mold. In such situations, the landlord may be allowed access under certain conditions if there is no other way to avert the danger.
When may the landlord enter?
The landlord may only enter in very limited exceptional cases without prior consent if waiting would considerably increase the damage or there is a danger to life and limb. Ideally the landlord informs the tenants beforehand; if this is not possible, the action must be proportionate.
- Act immediately in case of acute danger and notify the landlord first, if possible.
- If the landlord is not reachable, contact emergency services, the fire brigade or the caretaker depending on the situation.
- Photograph and document damage, time and possible witnesses for later evidence preservation.
Protecting privacy in shared flats
Even in emergency situations, the privacy of flatmates remains important. Remove personal items from the danger area, document which rooms were entered and request a short written confirmation of access from the landlord.
Forms and templates
Practical forms include defect reports or damage notifications as well as template letters requesting defect remediation. Such templates help to name deadlines and claims clearly; if necessary, set deadlines in writing and attach evidence.[2]
What to do if the landlord entered without permission?
If you consider the entry unauthorized, document the event, speak to the landlord immediately and demand a written explanation for the reason of entry. For larger disputes you can consider legal action and, if necessary, involve the local court. Competent instances include the local court for tenancy disputes, the regional court for appeals and, if relevant, the Federal Court of Justice as the highest court of revision.[3]
FAQ
- What counts as "danger in delay"?
- Cases of imminent danger requiring immediate action, such as burst pipes causing flooding, fire or acute health hazards from heavy mold growth.
- May the landlord enter at night without permission?
- Only in very urgent cases where otherwise significant damage or danger to persons would occur; otherwise entry without consent is not permitted.
- What rights do flatmates have?
- All tenants are entitled to protection of their privacy and must be informed about entries; agreements in the tenancy contract additionally apply for shared spaces.
How-To
- Document the damage immediately with photos and a short written note.
- Inform the landlord, property management or emergency services and note the time and the contact person's name.
- Send a written defect report or damage notification and request remediation within a deadline if necessary.
- Protect your privacy: request a short written confirmation of access and clarify which rooms were affected.
- If legal proceedings arise, check the competent local court and prepare your documentation for the claim.
Help and Support / Resources
- BGB texts and regulations
- Code of Civil Procedure (ZPO) – procedural rules
- Federal Court of Justice (BGH) – official site
