Video Surveillance and Tenant Rights in Germany

Video surveillance in rental apartments often raises questions about legal permissibility, data protection and the applicable house rules. Tenants in Germany should know which recordings are allowed, when consent is necessary and how surveillance affects the tenancy. This article explains in plain language common mistakes when installing cameras, how to secure evidence and which steps you can take as a tenant — from a written request to the landlord to reporting to the data protection authority or pursuing legal action at the local court. Practical examples and references to relevant laws help avoid risks and enforce your tenant rights in Germany. Keep documents and photos carefully.

What is permitted?

Video surveillance is only permissible to a limited extent in rental apartments. Basic obligations under tenancy law are regulated in the German Civil Code (BGB), which covers many aspects of residential tenancy relationships^[1], while data protection rules determine whether and how image recordings are permitted. There is no blanket permission for cameras; the purpose, location of installation and the duty to inform affected persons are decisive.

• No visible notice or missing labeling of cameras (notice).
• Recording of private areas such as living rooms or bedrooms without justification (privacy).
• Video recordings that permanently document neighbors or public areas (video).
• Missing balancing of the landlord's legitimate interest and tenants' personality rights.
• No written information or consent for recordings that make persons identifiable (notice).
• Insufficient deletion and access concepts for stored recordings (evidence).

What tenants can do

If you as a tenant suspect unlawful video surveillance, clear documented steps are important. Start with an objective written request and demand required information: purpose of surveillance, retention period and who has access. If the landlord does not respond or the surveillance is unlawful, you can set deadlines, inform the data protection authority or consider legal steps.

• Set a deadline: ask the landlord in writing to remove or clarify within a reasonable period (e.g. 14 days) (deadline).
• Written request/warning to the landlord with concrete demands and deadlines (notice).
• Evidence preservation: create photos with timestamps, witness names and a short log (video).
• Report to the competent data protection authority for suspected data protection violations (contact).
• Consider legal action at the local court if the landlord does not respond or the measure is unlawful (court).

Forms and authorities

The following official steps and forms are relevant for tenants:

• Complaint form of the data protection authority: use for breaches of data protection obligations (e.g. online complaint at the Federal Commissioner for Data Protection).
• Written warning / request to the landlord: there is no nationwide mandatory form, but prepare a formal letter with date, demand and deadline.
• Filing a lawsuit at the local court: for serious infringements, the ZPO is applicable; check the local court for filing requirements^[2].

FAQ

Is the landlord allowed to install cameras in the stairwell?

This is only allowed under strict conditions: a clear purpose, no coverage of private areas, transparent labeling and a balancing of interests.

Does the landlord have to inform me beforehand?

Yes, affected persons generally must be informed; for personal recordings the legal basis must be stated or consent obtained.

Who do I contact for data protection violations?

The competent state data protection authority or the Federal Commissioner for Data Protection are contacts for complaints.

How-To

1. Set a deadline: describe the problem in writing and set a clear deadline for removal or clarification (e.g. 14 days).
2. Secure evidence: take photos with dates, collect witness contacts and create a short log.
3. Send a formal warning: send a written warning or request to the landlord and document the dispatch.
4. Inform the data protection authority: file a complaint for serious breaches.
5. Consider court action: consider legal steps at the local court if the landlord does not respond or the measure is unlawful.

Key takeaways

• Documentation strengthens your case: dates, photos and witness details are important.
• Transparency and information are prerequisites for permissible surveillance.
• The local court can provide legal clarity if informal steps fail.

Help and Support / Resources

• BGB §§ 535 ff. — gesetze-im-internet.de
• ZPO — Zivilprozessordnung — gesetze-im-internet.de
• Federal Commissioner for Data Protection and Freedom of Information — bfdi.bund.de

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Commissioner for Data Protection and Freedom of Information — bfdi.bund.de