Visitor Rights in Dorms: Tenant Law in Germany
What is visitor rights in a dorm?
Visitor rights do not automatically mean an unrestricted right of guests. Often the tenancy agreement, house rules or operator contracts regulate duration, number and conduct of visitors. In addition, the statutory duties of the landlord under the German Civil Code (BGB) §§ 535–580a apply to maintenance and use of the rented property [1]. If the operator or landlord restricts visits, this must be factually justified.
When can visits be restricted?
Restrictions are permissible if they protect legitimate interests of third parties, safety or house rules. Short visits are usually permitted; longer-term cohabitation may count as subletting and require consent. Disputes often involve noise, fire safety or overcrowding.
Practical examples and model cases
- Visit within allowed hours: a guest stays for a few hours during the day.
- Longer stay/overnight: regular nightly visits may require consent.
- House rules prohibit certain gatherings: check if the rule is clear and proportionate.
- Safety or hygiene: the operator may impose restrictions in case of danger.
How to proceed: concrete steps
If you consider a restriction unlawful, document date, time, contact person and incident. Ask the landlord or operator in writing for clarification and set a deadline. In escalation the local court (Amtsgericht) may be competent; court actions follow the rules of the ZPO [2] and local jurisdiction of the Amtsgericht [3].
Example: You are repeatedly asked to reduce visitors on a weekend. Write a formal complaint with photos and witness statements, set a reasonable deadline and refer to the obligation to tolerate common visiting hours unless there is a concrete disturbance.
FAQ
- Do I as a tenant in a dorm have a general right to visitors?
- No. Ordinary visitors are usually allowed, but permanent shared use can require consent.
- Can the landlord completely ban visitors?
- A blanket ban is usually disproportionate; restrictions must be factually justified.
- What to do if the operator enforces a visitor rule I do not understand?
- Document, request a written justification and consider legal steps referencing the BGB and possibly the local court.
How-To
- Check your tenancy agreement and house rules for concrete visitor regulations.
- Document incidents with date, time, photos and witnesses.
- Write a formal complaint or request to the landlord and set a deadline.
- Seek support from competent authorities or advisory services.
- If necessary, prepare legal action and observe ZPO rules on deadlines and jurisdiction.
Help and Support / Resources
- Gesetze im Internet: BGB and other laws
- Gesetze im Internet: ZPO
- Federal Court of Justice (BGH): decisions