Notifying Entry: Tenant Rights in Germany
Many tenants in Germany wonder how to respond when a landlord announces entry and the apartment is entered during their absence. This guide explains in plain language what rights you have as a tenant, how to document announcements and evidence, and which deadlines and legal bases apply. We cover practical steps for securing evidence, possible forms of written notice, and when court action may be appropriate. The aim is to enable you to protect your privacy while communicating constructively with the landlord so that conflicts can be resolved without escalation whenever possible.
When is entry considered announced?
Entry is considered announced when the landlord has informed you in advance in writing or by a clear message stating the reason and the time window. This applies especially for planned repairs, viewings, or inspections. The landlord's duties are governed by tenancy law in the Civil Code (BGB).[1]
Collecting evidence during absence
If you are not at home but the landlord accessed the apartment, you should collect evidence systematically. Documentation helps resolve disputes later, for example regarding damage or unauthorized entry.
- Take photos of damage (photo) — capture multiple angles and close-ups.
- Note date and time (time) — record exact times of absence and entry.
- Keep the announcement message (notice) — save SMS, email or handwritten notes.
- Document key handover or entry notes (entry) — request a receipt for key transfers.
Forms, deadlines and written proof
It is generally advisable to request announcements in writing or to confirm them yourself in writing. What is reasonable notice depends on the purpose. In urgent repairs, notice periods can be short; for viewings aimed at re-letting, longer notice is customary. Procedural rules can become relevant under the Code of Civil Procedure if court enforcement or eviction claims arise.[2]
What to do if your rights are violated?
If you believe your landlord entered without justification or caused damage, proceed systematically: document, send a written demand, create a damage report and set deadlines. If the landlord does not respond, the local court (Amtsgericht) handles many tenancy disputes; legal advice is often useful before filing a claim.[3]
- Send a written demand (notice) — set a deadline and request remediation.
- Compile evidence (photo) — organize photos, messages and witness statements chronologically.
- Consider court action if necessary (court) — the Amtsgericht is competent for most tenancy disputes.
Practical templates and official forms
There is no legally mandated standard form for a landlord’s “entry announcement.” However, for court actions there are official legal texts and procedural rules: the BGB governs tenancy relationships and the ZPO governs court procedures. For certain measures (e.g. eviction claims) consult court guidance. Use templates for written demands and ask the landlord for written confirmation.
FAQ
- What may my landlord enter without my consent?
- The landlord may enter only in narrow emergency cases without prior announcement, such as imminent danger or to prevent damage; otherwise an announcement is customary.
- Is a verbal announcement sufficient?
- A verbal announcement is possible, but written proof (email, SMS) is much safer for your evidence.
- How do I secure evidence if I was not at home?
- Take photos, note date/time, ask neighbors as witnesses and keep all messages or key handover records.
How-To
- Ask the landlord in writing for precise entry times and the purpose (notice).
- Prepare an evidence folder with photos, messages, witness statements and date/time (photo).
- Set a deadline for remediation and consider the Amtsgericht if there is no response (court).
Help and Support / Resources
- Gesetze im Internet - Civil Code (BGB)
- Gesetze im Internet - Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) - Information
