Video Surveillance in Residences: Tenant Rights Germany

Many tenants in Germany wonder whether landlords or dormitory operators are allowed to install cameras in common areas or at the entrance. Video surveillance affects privacy, data protection, and tenancy law at the same time. In this text I clearly explain the legal requirements, when consent is necessary and how you as a tenant can respond — for example documentation, objection, or legal action before the local court. I name relevant sections of the BGB and the procedure for disputes and show which evidence helps. This also covers the difference between cameras in private rooms, corridors and exterior areas and the role of the GDPR and the Federal Data Protection Act (BDSG). At the end I explain which forms or template letters you can use and how to observe deadlines.

What is allowed?

Principle: Permanent surveillance of private rooms is unlawful. For common areas such as entrances or outdoor facilities, video surveillance can be permissible under strict conditions if the operator has a legitimate interest and the measure is proportionate. Often prior notice and signage are necessary. In legal conflicts, the local court decides on admissibility.^[1]

Tenants' rights

• You can request information about stored recordings.
• You have a right to informational self-determination and data protection.
• In case of unlawful surveillance you can demand cessation, deletion and possibly damages.

Practical steps for video surveillance

If you observe surveillance, proceed step by step: collect evidence, inform the landlord in writing and set a deadline for remedy. If the landlord does not respond, you can sue at the local court. In urgent cases, interim relief is possible.^[2]

1. Observe and document location, time and camera position.
2. Write an informal letter to the landlord with a deadline.
3. If there is no response: file a lawsuit at the local court or seek legal assistance.

Note on data protection: the General Data Protection Regulation and the Federal Data Protection Act protect personal data. For questions about the processing of video recordings you can contact the Federal Commissioner for Data Protection.^[3]

Frequently Asked Questions

Is the landlord allowed to monitor my room with a camera?

No, the surveillance of private living spaces is generally unlawful; common areas must be examined more restrictively.^[1]

What should I do in case of unlawful surveillance?

Document, demand cessation and deletion in writing and involve the local court if necessary.^[2]

Must cameras be visibly installed?

Yes, notices and transparent data processing are often necessary.

How-To

1. Collect evidence: take photos, note times, record witnesses.
2. Inform the landlord in writing: set a 14-day deadline.
3. If necessary: complain to the data protection authority or sue at the local court.

Help and Support

• BGB §§ 535–580a (gesetze-im-internet.de)
• Federal Commissioner for Data Protection (bfdi.bund.de)
• Federal Court of Justice - BGH

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesbeauftragte für den Datenschutz und die Informationsfreiheit