Landlord Entry Notices: Tenants' Rights in Germany
As a tenant in Germany, it is important to know when landlords may enter the apartment and how you as a tenant can have entry announced or refuse it. This article explains in plain language which legal bases apply, what rights and duties both parties have, and which practical steps you can take if a landlord wants to enter without notice or unlawfully. We cover deadlines, emergencies, required announcements and typical evidence collection and list official sources and forms so you can act quickly. These practical tips help you check appointments, respond in time and prepare necessary letters. If needed, we also show how to record a conversation and which courts are responsible for disputes.
Legal basis for entry
The legal framework for tenancy in Germany is found in the German Civil Code (BGB), especially the provisions on rental obligations and use of the rented property. Specific duties of landlord and tenant and consequences of contractual breaches are regulated in §§ 535–580a BGB.[1] In general, a landlord may not enter the apartment without reason and without notice; exceptions apply in cases of imminent danger or urgent repairs.
When may the landlord request entry?
Typical reasons where entry may be permissible include:
- Announcement (notice): Inspection appointments for repairs or handover, with a reasonable notice period.
- Repairs (repair): Urgent maintenance that could endanger living conditions or the buildings structure.
- Key handover (entry): Agreed key handover at move-in or move-out.
- Safety reasons (safety): When there is immediate danger to the building or residents.
How tenants can refuse entry
As a tenant, you can refuse entry if there is no legal basis or no urgent measure. Write a short refusal letter with the date and reason and send it by registered mail or by e-mail with read receipt if contractually permitted.
Evidence and documentation
Documentation helps in disputes: photos, notes of conversations and witnesses are important. Record date, time and reason for each announced or actual entry demand.
- Records (record): Photos of damage and logs of conversations and appointments.
- Written correspondence (notice): Written refusals, replies and announcements.
- Contacts (help): Names and contacts of contractors or witnesses.
If it goes to court
For disputes about entry or unlawful entry, tenancy disputes can be heard at the local court (Amtsgericht); procedural rules are found in the Code of Civil Procedure (ZPO).[2] For legal interpretations and precedent, regional courts (Landgerichte) and the Federal Court of Justice (Bundesgerichtshof) decide significant rental law cases.[3]
Common tenant rights
- Right to privacy: Unannounced entry is generally not permitted.
- Reasonable notice (deadline): Announcements should be made in time, usually at least 24048 hours for routine inspections.
- No self-help (warning): Unilateral blocking of common facilities can have legal consequences.
Frequently asked questions
- Does the landlord have to announce appointments?
- Yes, usually the landlord must announce appointments and state a legitimate reason; exceptions only apply in acute emergencies.
- Can I refuse entry immediately?
- Yes, if there is no legitimate reason. Record the refusal in writing and secure evidence where appropriate.
- What to do in case of repeated unlawful entry?
- Document all incidents, send a formal complaint and consider legal action; the local court (Amtsgericht) is the first instance for tenancy disputes.
How-To
- Check (notice) first whether entry was announced in writing and for what reason.
- Document (record) events: date, time, names and photos.
- Send (notice) a formal refusal by registered mail or by e-mail with proof if there is no legitimate reason.
- Seek (help) assistance: tenant association or legal advice before filing a lawsuit.
- If necessary, file (court) a complaint at the competent local court; observe ZPO deadlines.
Key Takeaways
- Emergencies often justify immediate entry, routine inspections require notice.
- Good documentation strengthens your position in disputes.
