Viewings: Tenant Rights in Germany
Many tenants in Germany face the question of how to handle viewings without compromising their privacy or safety. This text explains in clear language which rights tenants have, which deadlines typical notices must meet and which documents or proofs are useful. You will receive practical steps on how to refuse or limit viewings in writing, which evidence is useful and when to seek legal assistance. The goal is that you as a tenant protect your interests while acting in a legally secure manner.
Legal framework
Fundamentally, the Civil Code regulates the duties of landlord and tenant, for example in § 535 BGB regarding the granting of use and maintenance of the rental property.[1] Access to the apartment is only permissible under certain conditions and with regard for the tenant's privacy. In court disputes, the Code of Civil Procedure sets procedural rules.[2]
When can landlords request viewings?
Landlords may request viewings if there is a legitimate interest, such as sale, re-letting or necessary repairs. Such appointments must be announced reasonably and must not unreasonably disturb the tenant.
- Access for repairs, sale or re-letting (legitimate interest).
- Reasonable notice: landlords should name appointments in good time and agree on time windows.
- Emergencies: in case of danger to life or significant damage, short-term access may be necessary.
How tenants can refuse or limit viewings
If you want to refuse an appointment, state your reasons concisely and in writing (e.g. lack of security, illness, childcare). If possible, offer alternative appointments. Document every communication and keep evidence.
- Deadline: respond within a few days and state whether you accept or refuse the proposed appointment.
- Written refusal: draft a short letter with date, reason and possible alternative suggestion.
- Documentation: collect emails, photos and witness statements as evidence.
- Propose alternative appointments: show willingness to cooperate with concrete proposals.
- In case of conflicts: inform the local court (Amtsgericht) or seek legal advice if the landlord insists unlawfully.
Forms and templates
For serious cases the following official steps may be relevant: application for legal advice assistance and application for legal aid (PKH) for court proceedings. Use these forms if you need legal support or cannot bear the costs yourself.[4][5]
- Short refusal letter: include date, subject, reason and alternative dates as a notice of refusal.
- Defect notification: describe defects, dates and demand deadlines for repair if the viewing is connected to faults.
Legal help and deadlines
Civil procedural law determines deadlines and formal requirements; disputes are often decided by the local court as the first instance. Important case law on tenancy law comes from the Federal Court of Justice.[2][3]
FAQ
- Can I refuse viewings?
- Yes, if there is a legitimate reason or the notice is unreasonable. State the refusal factually and in writing.
- What notice periods apply for viewing announcements?
- There is no single statutory period, but proposed appointments must be reasonable and timely; respond within a few days.
- Which authorities help with disputes?
- The local court (Amtsgericht) is usually responsible for tenancy disputes; the Federal Court of Justice is relevant for precedents.
How-To
- Check the announcement immediately for date, time and reason.
- Write a written response: acceptance, refusal or alternative proposal with date.
- Collect evidence: emails, photos, witnesses, times.
- If the landlord unlawfully insists on access, seek legal advice or involve the local court.
- Use advice and legal aid if necessary to enforce your rights.
Help and Support / Resources
- Gesetze im Internet – BGB (Civil Code)
- Federal Ministry of Justice and Consumer Protection – Tenant Information
- Federal Court of Justice (BGH) – Decisions
