Property Manager Rep in Shared Flats: Tenant Rights Germany
Many tenants in Germany live in shared flats (WGs) and wonder when a property manager's representative may demand access and how to prove unlawful conduct. This text explains in clear language which legal foundations apply, how to collect evidence and which deadlines must be observed. You will receive practical steps for documenting, sample wording for communications with the property manager and advice on when a court may need to be involved. The goal is that you as a tenant protect your privacy, assert rights and use official forms correctly.
Rights for Access and Representation
The landlord or their representative may only enter the apartment within narrow limits. In principle, the tenant has the house rights in the rented apartment and the landlord must justify access, for example for necessary repairs or a viewing after notice. In WGs it is important: a representative of the property manager must identify themselves and state the reason.
When is access permitted?
- Termin: Access must usually be announced and scheduled (e.g. viewing, repair).
- repair: Urgent repairs often justify immediate access, such as a burst water pipe.
- notice: Written notices are common; request a confirmation.
If a representative appears without notice, ask for an ID and note the name, time and reason. Take photos of IDs and the situation without endangering other roommates.
Which evidence helps?
- record: Photos and timestamps are often decisive, for example of damaged doors or unauthorized items in the hallway.
- record: Correspondence by e-mail or SMS secures statements about notices and reasons.
- notice: Witness statements from roommates or neighbors strengthen the case.
FAQ
- Is a property manager's representative allowed to enter a WG apartment without notice?
- No, except in acute emergencies (e.g. burst pipe). Notices and stating the reason are normally required. [1]
- How can I prove that access was unlawful?
- Collect photos, e-mails, SMS, timestamps and witness statements. Request written confirmation of the incident from the property manager.
- Which forms or letters are useful?
- A formal letter demanding cessation or documentation for the local court may be necessary; procedural rules of the ZPO apply for legal steps. [2]
How-To
- record: Document immediately – date, time, names, photos, screenshots of messages.
- notice: Request an explanation and a cease-and-desist commitment from the property manager in writing.
- call: Seek official advice early or contact the local court if no clarification occurs.
- court: If necessary, submit a cessation claim or other legal measures under the ZPO; BGH case law may be relevant. [3]
Help and Support / Resources
- help: Gesetze im Internet – BGB §§ 535–580a for tenancy law.
- help: Gesetze im Internet – ZPO for court procedures.
- help: Federal Court of Justice – decisions on tenancy and access issues.
