Visitor Rights for Tenants in Germany

As a tenant in shared housing in Germany you may wonder what rights visitors have and what obligations you owe to the landlord. This concise practical guide explains clearly how visitor rights are classified legally, which restrictions are permissible and how you can resolve conflicts with roommates or the landlord without escalation. I describe relevant BGB rules, typical house rules clauses, useful documentation and concrete steps — from conversation to filing a complaint at the local court. The goal is that you as a tenant can resolve visitor issues safely, fairly and with legal certainty, without provoking unnecessary disputes. I also name templates for letters to the landlord and refer to official legal texts and courts so you gain practical security.

What does visitor right mean?

In essence, visitor right means tenants may receive guests as long as these guests do not take up permanent residence and no third-party rights are violated. Legal obligations arise from the tenancy agreement and from general tenancy law rules, in particular regarding the landlord’s duties and the use of the rented property.^[1]

Practical rules and limits

Typical aspects relevant in shared housing include:

• Guest times and deadlines (deadline): Short-term visitors are usually allowed, but permanent residence may be restricted.
• Number of persons (safety): For safety or fire protection reasons the number of guests can be limited.
• House rules and landlord permission (form): Provisions on visitor rules are often found in the house rules or the tenancy agreement.
• Documentation (record): Record times, photos and names as evidence in case of disputes.
• Privacy and access (entry): Landlords may not enter your flat without prior notice.

Forms and legal steps

For serious cases there are templates and judicial steps: a formal letter to the landlord (e.g. cease-and-desist request or request for remedy) can be found in templates at the Federal Ministry of Justice and Consumer Protection. If an eviction claim or an injunction is necessary, the rules of the Code of Civil Procedure apply and the local court is competent; the formal requirements for the complaint follow the ZPO.^[2] Relevant decisions of the Federal Court of Justice are guiding in legal questions.^[3]

FAQ

May I receive guests?

Yes. Short-term visits are generally allowed as long as they do not amount to permanent residence and do not cause nuisance.

Can the landlord forbid visitors?

Only for legitimate reasons, such as safety or fire protection concerns or serious disturbance by visitors; blanket bans are rarely permissible.

Which forms do I need?

Use templates for cease-and-desist letters or termination letters and collect evidence; if necessary, file the complaint at the competent local court.

How-To

1. Have a clarifying conversation with the landlord and roommates (contact).
2. Send a formal letter to the landlord with date, demand and deadline (form).
3. Collect evidence: photos, dates, witnesses (record).
4. Set a reasonable deadline for remedy (deadline).
5. If necessary, file a claim at the competent local court (court).

Help and Support

• Gesetze im Internet – BGB
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice and Consumer Protection (BMJ)

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1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions