Video Surveillance for Tenants in Germany 2025
As a tenant in Germany, it is important to know the rules on video surveillance. Many tenancies involve shared areas such as stairwells or bicycle storage, but private rooms can also be affected if landlords install cameras. This practical guide explains in plain language what rights and obligations tenants have, which laws apply and what practical steps to take if you suspect unlawful surveillance. The text is aimed at tenants across Germany and shows how documentation, formal requests and, if necessary, contacts with authorities or court actions can help.
What tenants need to know about video surveillance
Fundamentally, tenancy law protects the use of the dwelling and the general right to privacy; in addition, data protection rules apply when image data are stored.[1] Much depends on the camera location: private living areas are particularly protected, while tighter balancing applies to communal areas. Tenants should distinguish whether the camera records only the stairwell, the entrance area or also areas focusing on people. Storage and disclosure are subject to national data protection law and the GDPR.
When landlords may use surveillance
Landlords may use video surveillance only for concrete, legally recognized reasons, for example to protect property, but even then proportionality and transparency are required. Blanket surveillance of tenants is not permitted. Key are purpose limitation, retention periods, obligations to inform and balancing of the affected parties' interests against the legitimate protection interest.
Practical steps if you suspect unlawful surveillance
- Collect evidence: photos, videos, incident logs and exact timestamps.
- Write a written request to the landlord with a deadline and justification.
- Set a reasonable deadline (e.g. 14 days) to have the camera removed or clarified.
- File a complaint with the responsible state data protection authority if you suspect unlawful data processing.
- If no agreement is possible, consider filing a lawsuit at the competent local court (Amtsgericht) under the rules of civil procedure.
Forms and official channels
Relevant forms and applications for tenants include, for example, the application for legal aid (Antrag auf Prozesskostenhilfe, PKH) for court proceedings, the informal complaint or the complaint form at the state/federal data protection authority, and the statement of claim to the local court. A typical sequence is: secure evidence, send a written request to the landlord, complain to the data protection authority, if necessary file a lawsuit and apply for legal aid if personal funds are limited.[2]
FAQ
- When is video surveillance in stairwells permitted?
- Video surveillance in stairwells may be permitted under strict conditions if the landlord has an overriding interest and the surveillance is proportionate.
- May the landlord monitor the front door?
- Monitoring the immediate front door may be permissible if it does not permanently film private areas and information on data collection is provided.
- What to do if cameras are pointed directly at my apartment door or window?
- Document the situation, request the landlord in writing to change it and, if necessary, contact the data protection authority or the local court.
How-To
- Secure evidence: photos, video recordings and a short log with date and time.
- Write a formal request to the landlord with a clear deadline and desired measure.
- Wait for the set deadline and document any response or lack thereof.
- Contact the competent state data protection authority to file a complaint if no solution is reached.
- Consider as a last step filing a lawsuit at the local court and checking an application for legal aid.
Help and Support / Resources
- BGB: Gesetze im Internet
- Federal Data Protection Act (BDSG) - Gesetze im Internet
- Federal Commissioner for Data Protection and Freedom of Information (BfDI)
