Video Surveillance for Renters in Germany

As a renter in Germany you may often wonder whether video surveillance by the landlord is allowed and what rules apply. This text explains in practical terms your rights regarding camera surveillance inside and around the rented dwelling, when consent is required, how data protection and personal rights must be observed, and what steps you can take in case of unlawful surveillance. We describe which types of evidence help, how to prepare a complaint for the local court and which formulations are useful in letters to the landlord. The goal is to accompany you safely and informed through disputes about surveillance, stairwell cameras, doorbell cameras or neighbor recordings. At the end you will find template texts and guidance on official forms and deadlines.

What renters should know

Basically: Only with the tenant's explicit consent may filming take place inside the tenant's apartment. For areas accessible to the public, such as stairwells or entrances, strict data protection and proportionality rules apply; this means the intrusion into privacy must be minimal and clearly justified. The German Civil Code (BGB) regulates landlord obligations and tenant protections^[1]. For procedural measures, the rules of the Code of Civil Procedure (ZPO) apply^[2].

Quick overview: key rules

• Camera inside the tenant's apartment only with consent (consent / notice); otherwise prohibited.
• Recordings in entrance areas or stairwells must respect the privacy of other tenants (entry / privacy).
• Proportionality and purpose limitation are important; monitoring daily private actions is usually unlawful (safety).
• Evidence: photos, timestamps and witnesses improve the chances of proving unlawful surveillance (evidence).

Practical steps: what you can do

1) Gather evidence

Secure photos or short recordings, note date and time and ask neighbors about observations. Save messages or written notices from the landlord. If applicable, make a copy of the house rules if camera use is mentioned there.

2) Send a written request to the landlord

Draft a short, polite letter with a deadline to stop or delete recordings. Specify exactly where and when surveillance occurs and request a written explanation.

3) Deadlines and formal steps

If the landlord does not respond, you can take further steps within a set deadline (e.g. 14 days / within). Note deadlines and keep proof of service.

4) Legal action

As a last resort you can file an injunction or, if necessary, a lawsuit at the competent local court; procedural matters are governed by the ZPO^[2]. The local court is the first instance for most tenancy disputes^[3].

FAQ

1. May the landlord monitor my apartment with a camera?

Only with your explicit consent; without this, indoor surveillance is unlawful and can have legal consequences.

2. What can I do if a camera records the stairwell and my door as well?

Collect evidence, demand in writing that the landlord stop the recordings and set a deadline; as a final option you can contact the local court.

3. Which laws apply to cameras on the facade?

Data protection and personal rights apply here as well as general proportionality rules under the BGB; public areas must not be recorded unlawfully.

How-To

1. Gather evidence: photos, videos, timestamps and witness statements.
2. Send a formal request (form) to the landlord with a deadline.
3. Set an appropriate deadline (e.g. 14 days) and announce legal steps if there is no response.
4. If necessary, file a lawsuit at the local court or seek legal assistance.

Help and Support / Resources

• Gesetze im Internet - BGB §§535–580a
• Gesetze im Internet - ZPO
• Justizportal des Bundes und der Länder

1. [1] Gesetze im Internet - BGB §§535–580a
2. [2] Gesetze im Internet - ZPO
3. [3] Justizportal des Bundes und der Länder