Video Surveillance in Rental Homes: Tenants in Germany

As a tenant in Germany it is important to know when and how video surveillance inside or on residential buildings is permitted. This chapter explains in clear terms what rights and duties tenants have, how privacy, property rights and data protection interact and which differences can apply to special housing forms. You will read when a landlord must demonstrate an interest, which rooms are protected, how to secure evidence and when filing a complaint at the local court may be necessary. Practical sample notes and references to official forms help you to act quickly. The information is based on applicable law and relevant case law in Germany so you can make decisions with more confidence.

When is video surveillance allowed?

Landlords may use video surveillance only under narrow conditions. The balancing of interests is central: private rooms and common areas are assessed differently. The legal foundations include, among others, the German Civil Code (BGB) for tenancy duties and rights as well as data protection rules.^[1]

What tenants can do

• Document the date, time and location of every observation or camera.
• Secure photos or short video excerpts for evidence preservation.
• Inform the landlord in writing and demand removal or clarification.
• Contact data protection authorities or the local court if there is no response.

Securing evidence and deadlines

Do not alter recordings and make backup copies; avoid making potential intrusions public so as not to weaken evidential value. Judicial proceedings follow the rules of the Code of Civil Procedure (ZPO) for claims and motions.^[2] Many disputes are handled by the local court (Amtsgericht); tenancy matters including eviction actions are processed there.^[3]

Forms and authorities

There is no single mandatory "form" for a written complaint to the landlord, but standardized complaint forms and application templates are used for court actions. Examples:

• Lawsuit form for civil disputes (e.g., eviction claim) — use the form at the competent local court.
• Application for an interim injunction if urgent action is required.
• Complaint to the state data protection authority for personal data breaches.

An example: You discover a camera in the stairwell pointing into the living room. You photograph the device, send the landlord a written request for removal and save the message; if the landlord does not respond, you can file a lawsuit at the local court.^[4]

FAQ

Is a camera in the stairwell allowed?

A camera in the stairwell can be permitted if it exclusively monitors access and does not film apartments; a data protection balancing is required.

Can the landlord film inside my apartment without consent?

No, recordings in private living spaces are generally not permitted without explicit consent.

What should I do if I feel monitored?

Document the situation, inform the landlord in writing, contact the data protection authority and consider filing a lawsuit at the local court.

How-To

1. Secure evidence: make backup copies of photos and videos.
2. Respond in writing: request information or removal from the landlord.
3. Inform authorities: report data protection violations to the state authority.
4. Legal steps: file a lawsuit or emergency application at the local court if needed.

Help and Support / Resources

• German Civil Code (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO)
• Federal Court of Justice - Decisions

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1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof
4. [4] Bundesministerium der Justiz