Video Surveillance for Tenants in Germany

Video surveillance in apartment buildings often creates uncertainty for tenants in Germany. This text explains in plain language what rights you have as a tenant, when landlords may install cameras and how public areas, entrances and private rooms are treated differently. We describe typical examples of what is permitted, how data protection (GDPR) and the German Civil Code (BGB) apply, and which pieces of evidence you should collect. You will also find practical steps for responding: from talking to the landlord to written demands and legal action at the local court. At the end there are links to official forms and authorities and clear guidance on protecting your privacy.

What is allowed?

The legal basis for tenancy law is in the BGB; procedural rules for court actions are in the ZPO ^[1][2]. Data protection rules (GDPR) and state regulations further limit video surveillance ^[3]. A balancing of interests is decisive: the landlord's protection interests versus tenants' personality rights.

• Cameras at entrances (entry) can be permitted under strict conditions if they mainly record public approaches to the door.
• Cameras inside or directly on private apartments (privacy) are generally not allowed.
• Exterior cameras for security purposes (safety) are only permitted with a clear purpose and limited recording area.
• Collecting recordings as evidence (photo/video/document): note date, time and the visible areas.

How tenants should respond

If you suspect unlawful or overly broad surveillance, document the situation, speak to the landlord, and demand in writing that recording be stopped or limited. If there is no response, legal steps at the local court are possible ^[2].

• Keep documentation (record): photos of camera positions, exact times and observations.
• Contact the landlord (contact): first discuss, then send a written request with a deadline.
• Send a formal request (notice): letter or e-mail with proof of receipt.
• Consider legal action (court): seek advice from counseling centers or a lawyer and possibly file a claim at the local court.

Everyday examples

• A camera at the entrance that only films the path to the front door (entry) can be permitted if intended to protect the building.
• A camera that records the courtyard and private balconies (safety) is usually not permitted.
• A tenant documents repeated recordings and uses them as evidence (photo/video/document) when filing complaints.

FAQ

Can the landlord install cameras in the stairwell?

Often only to a limited extent; a weighing of security interests and privacy is required. Clear purpose statements and minimal recording areas are usually prerequisites.

What if recordings show my apartment?

Recordings that capture private rooms are generally not permitted; request deactivation or shielding of the camera.

What evidence helps in court?

Photos of the camera, logs with date/time, witness statements and written communication with the landlord are useful.

How-To

1. Document the observation: collect photos, videos and exact times.
2. Inform the landlord: first verbally, then in writing with a deadline.
3. Send a formal request: use registered mail or e-mail with confirmation of receipt.
4. Consider legal action: seek legal advice and, if necessary, file a claim at the local court.

Help and Support / Resources

• Contact the Federal Data Protection Authority (BfDI)
• Laws in the Internet (BGB, ZPO)
• Federal Court of Justice (BGH) decisions

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1. [1] BGB §§ 535–580a on Gesetze im Internet
2. [2] ZPO on Gesetze im Internet
3. [3] Federal Commissioner for Data Protection and Freedom of Information (BfDI)
4. [4] Federal Court of Justice (BGH)