Video Surveillance 2025: Tenants' Rights Germany
As a tenant in Germany, you should know when and how video surveillance in residential buildings is permitted. This concise overview explains basic rights around data protection, landlord house rules, tenant consent and private areas that must not be recorded. Typical scenarios such as corridor cameras or exterior surveillance are described, which types of evidence help, and what steps you can take against unlawful monitoring — from written complaints and formal deadlines to court procedures. Practical pointers to relevant laws, sample letters and handling of evidence help you enforce your tenant rights clearly and confidently.
What the law regulates
The German Civil Code (BGB) sets duties and rights arising from the tenancy relationship, including protection of the rented property and mutual consideration between tenants.[1] Data protection rules and personal rights also limit when private areas may be recorded.
In most cases, private living areas may not be filmed without consent.
When is video surveillance permitted?
- Security and property protection (safety) can be a legitimate purpose, but only with proportionate measures.
- Recordings at entrances or paths are only permissible if no private areas are captured (entry).
- Cameras in shared rooms may require tenant consent or a clear legal basis (notice).
- For evidence gathering after crimes, video use is possible but must be carefully documented (evidence).
- Private areas like bedrooms or balconies are generally off-limits (privacy).
What tenants can do
- Secure evidence: note dates, timestamps, copy photos/videos and list witnesses.
- Complain in writing: send a formal notice to the landlord demanding removal of unlawful cameras with a deadline.
- Observe deadlines: act promptly because statutory and court deadlines apply.
- Seek help: consult the local court information, tenants' association or legal advice.
Document the date, time and location of each unlawful recording immediately.
Forms and templates
Important official templates include, for example, a model termination letter and templates for written complaints to the landlord. A practical model termination letter is available from the Federal Ministry of Justice; use it if a timely declaration is necessary. For court procedures, local court pages explain filing claims and process rules.[2][3]
Submit terminations or lawsuits only after legal review to avoid deadline errors.
FAQ
- May landlords film the corridor?
- Filming the corridor may be permitted under narrow conditions if no private areas are recorded and a legitimate interest exists; check data protection requirements and the BGB.[1]
- Do I as a tenant have to consent?
- No: blanket consent is not always required, but in many cases the consent of affected persons or a legal basis is necessary.
- What can I do about unlawful surveillance?
- Secure evidence, set a written deadline for removal and, if necessary, seek court help at the local court; procedural rules are in the ZPO.[2]
How-To
- Collect evidence: secure dates, times, photos/videos and witnesses.
- Send a letter to the landlord: describe facts, demand removal and set a reasonable deadline (e.g., 14 days).
- Monitor the deadline: document the landlord's response and allow the deadline to expire.
- Get advice: consult a tenants' association or lawyer, consider mediation.
- File legal action: bring a claim at the competent local court if necessary.
Key takeaways
- Cameras must not record private living spaces.
- Evidence collection and setting deadlines are central steps.
- The local court handles tenancy disputes.
