Entry with Notice: Tenant Rights in Germany

Legal framework

German tenancy law is regulated in the BGB (notably §§ 535–580a).^[1] In general a landlord may not enter the apartment arbitrarily; a legitimate interest or a contractual agreement is required. Rules of civil procedure (ZPO) apply for court actions.^[2]

When may the landlord enter?

Common reasons for entry after prior notice are necessary repairs, meter readings or handovers. A mere wish to inspect only justifies entry if a legitimate interest exists and advance notice was given in a reasonable time. Immediate unannounced searches are usually inadmissible.

Deadlines and form

An announcement should state time, reason and expected duration. What counts as "reasonable" depends on the reason: maintenance often allows 2–7 days, handovers require a concrete appointment. If the tenant wrongfully refuses entry, the landlord may consider court steps.

Practical checklist for students and tenants

• Check the announcement, appointment and reason.
• For repairs: ask for concrete details about the work and duration.
• Collect photos, messages and witness names as evidence.
• Send a written defect notice or objection if problems occur.
• If disputes persist, consider a lawsuit or mediation at the local court.

Forms and templates

There is no single nationwide "entry permission", but relevant official sources include the BGB for rights and duties, the ZPO for procedure, and the Federal Ministry of Justice for general information and forms.^[1][2][3]Useful templates include a written defect notice or an objection to an announced appointment; forms for payment reminders or civil claims are available on justice portals.

FAQ

1. Must the landlord always announce?

No. In emergency cases (e.g. burst pipe) immediate entry may be necessary; otherwise notice and reasonable timing are required.

2. Can I refuse entry?

Yes, if there is no legitimate interest or the notice is unreasonable; document your reasons in writing.

3. Where to turn in persistent problems?

For legal disputes the local court (Amtsgericht) is usually responsible; out-of-court mediation can also help.

How-To

1. Check the announcement carefully: date, time and reason.
2. Respond in writing if the appointment does not fit and propose alternatives.
3. Take photos and note names of attendees during the viewing.
4. If defects exist, send a formal defect notice and set a deadline for repair.
5. If no solution is found, prepare documents for a lawsuit or mediation at the local court.

Help & Support

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• [2] Zivilprozessordnung (ZPO) — procedural rules
• [3] Federal Ministry of Justice — information and forms

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) — procedural rules
3. [3] Federal Ministry of Justice — information and forms