Video Surveillance & House Rules for Tenants in Germany

As a tenant, it can be unclear how far video surveillance in house rules may go and which rights apply in Germany. This article explains clearly when landlords or property managers may install cameras in communal areas, how privacy is protected, and which steps you as a tenant can take if there is a potential intrusion. I describe relevant sections of the BGB and the responsibilities of local courts, show practical actions such as objections or documentation, and link to official forms. I give typical examples, explain when consent is necessary, and how to collect evidence. Data protection aspects and reporting obligations to supervisory authorities are also explained.

Which rules apply to video surveillance?

In general, civil tenancy duties and data protection law determine when surveillance is permissible. For landlord duties, tenancy law in the BGB is particularly relevant ^[1], in court disputes the ZPO applies ^[2], and for data protection issues the competent supervisory authority is relevant ^[3]. In special cases the Federal Court of Justice decides on interpretations affecting privacy intrusions ^[4].

When surveillance is usually permitted

• Security of communal areas (e.g., building entrances) under strict conditions
• No recording of private rooms or targeted observation of individual apartments
• Necessity and proportionality: there must be no less intrusive alternatives

When surveillance is problematic

• Targeted recording of windows or balconies of individual tenants
• Recording that is not adequately secured or is stored for too long
• Lack of information or consent for those affected

What tenants can do concretely

If you suspect a camera violates your privacy, structured steps help: collect evidence, inform the landlord in writing, notify the data protection authority if needed, and consider legal action. Note times, take photos (if permitted) and keep a short log.

• Collect evidence: photos, dates, times, witnesses and logs.
• Submit a written objection to landlord or management and set a deadline (notice).
• Observe deadlines (deadline) and respond promptly.
• Consider filing a lawsuit or an application for injunctive relief at the local court (court) if no solution is reached.

FAQ

May a landlord install a camera in the stairwell?

Sometimes yes, if surveillance is proportionate, does not capture private areas and information duties are met; check the exact scope in the house rules and data protection rules ^[1].

Can I demand that recordings be deleted?

If recordings are unlawful or disproportionate, you can file a complaint with the data protection authority and request deletion ^[3].

What deadlines apply if I want to sue?

Proceedings at the local court are subject to civil procedural rules; when suing, observe deadlines from the ZPO and present evidence in time ^[2].

How-To

1. Gather evidence: photos, timestamps, witness statements and written notes.
2. Send a written objection to the landlord or property manager requesting removal or restriction of the camera.
3. Contact the relevant data protection authority and submit your documentation.
4. If no solution is found, consider filing a claim or an application for injunctive relief at the local court.

Help and Support

• BGB §§ 535 ff.: Rules on landlord and tenant duties
• Federal Commissioner for Data Protection and Freedom of Information (BfDI)
• Justice Portal: Information on local courts and claim forms

1. [1] Gesetze im Internet – BGB § 535
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] BfDI – Forms and complaint guidance
4. [4] Federal Court of Justice – Case law