Entry Only With Notice: Tenant Rights in Germany

When may the landlord enter the apartment?

As a rule: the landlord may not simply enter without reason and without notice. Duties and rights regarding use, maintenance and inspection are regulated in the Civil Code and clarified by case law.^[1] Typical reasons for entry are urgent repairs, reading heating or water meters, statutory inspections or urgent hazard prevention.

Notice: form and deadline

There is no uniform statutory deadline in the BGB for every entry; in practice, reasonable prior notice applies. Written notice or e‑mail is often recommended so you can later prove the announcement took place.

• At least 24 hours notice for routine visits (hours)
• Keep written confirmation or e‑mail as proof (form)
• Inform several days in advance for major appointments (days)

Entry without notice

In emergencies, for example a burst pipe or fire hazard, the landlord or commissioned craftsmen may enter immediately to avert damage. For mere interest or routine checks, unannounced entry is not permitted.

What tenants can do in practice

If you want to object to entry or set conditions, good documentation is important: date, time, names, reason for entry, photos of damage or the state of the apartment.

• Save photos and messages as evidence (evidence)
• Send written objections to the landlord and document receipt (form)
• Seek legal advice or tenant counseling if unsure (help)

FAQ

1. Does the landlord always have to announce?

No, not in every case. In emergencies entry without notice is permitted; for routine checks or viewings prior notice is customary and usually required.

2. How long before the appointment must notice be given?

The law does not set a uniform deadline; practicable is at least 24 hours for routine cases and several days for major measures.

3. What can I do if the landlord enters unlawfully?

Document the incident, contact local tenant counseling or consider legal action at the local court. Jurisdiction and procedures are governed by the ZPO and civil law provisions.^[2]

How-To

1. Step 1: Request a written announcement from the landlord and keep it (form).
2. Step 2: Document time, names and reason with photos and notes (evidence).
3. Step 3: If entry was unjustified, seek advice and possibly file a suit at the local court (court).

Key forms and when to use them

Important legal basics and forms tenants should know:

• Termination letter (template): needed when tenant or landlord ends the tenancy; use a written, signed letter as proof (form).
• Filing a complaint at the local court (eviction/tenant claim): when rights must be enforced, the complaint and evidence such as photos and correspondence are required (form).

Help and Support / Resources

• Gesetze im Internet: BGB online
• Gesetze im Internet: ZPO (Code of Civil Procedure)
• Bundesgerichtshof (BGH) – case law and information

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH): Decisions and information