Video Surveillance: Tenant Rights in Germany

As a tenant in Germany it is important to know which rules apply to private video surveillance and which steps you can take if surveillance in or around your apartment raises privacy or legal concerns. Many conflicts arise from misunderstandings, lack of communication or failure to observe data protection and tenancy law. This article explains in practical terms which mistakes tenants and landlords commonly make, when you as a tenant can assert rights such as rent reduction or injunctive relief, and which authorities or courts are responsible. The language remains clear, with concrete steps, relevant legal references and practical examples so you can decide and act with confidence. Read on for checklists and template forms.

What tenants should consider

Generally, tenancy and data protection rules determine how and when video surveillance is permissible. Many tenant rights are found in §§ 535–580a BGB^[1]. In disputes the local court (Amtsgericht) is often competent; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH). Clear communication with the landlord and recording times and images help to enforce rights.

Common mistakes

• No tenant notification (privacy) – landlord records without notice or consent.
• Recording neighbors or public space (privacy) – exceeds permissible monitoring of one’s own entrance.
• No legal basis (notice) – often there is no contractual or legal permission for continuous recording.
• Poor evidence documentation (evidence) – no times, no photos, no camera logs.
• Delaying reaction (time) – missing deadlines or failing to object in writing.

FAQ

Is video surveillance by neighbors or landlords allowed?

It depends on the location and scope of the recordings. Private surveillance that specifically films neighbors in their apartments or private areas is generally not permitted. For shared areas (stairwell, corridor) a closer examination is required; prior notification or a court balancing may be necessary.^[1]

Can I reduce the rent because of surveillance?

A rent reduction may be possible if the surveillance significantly impairs the usability of the apartment. The extent, location and duration of the surveillance are decisive. Document impairments and set a deadline for the landlord to remedy the situation.^[1]

Which court can I turn to?

For tenancy disputes the local court (Amtsgericht) is usually competent; for higher dispute values the regional court (Landgericht). Civil lawsuits and eviction actions follow the rules of the ZPO.^[2]

How-To

1. Document: Photograph camera angles, note dates, times and witnesses (evidence).
2. Contact in writing: Request the landlord in writing to cease and set a deadline (notice).
3. Legal steps: If the landlord does not comply, consider a lawsuit or interim injunction at the competent court (court).
4. Check claims: Consider rent reduction or compensation; document damages and the scope of reduction (rent).

Help and Support / Resources

• Gesetze im Internet: Civil Code (BGB)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] §§ 535–580a BGB, Bürgerliches Gesetzbuch
2. [2] ZPO, Zivilprozessordnung
3. [3] Federal Court of Justice (BGH) – Decisions and Information