Your Landlord Entered Without Permission
In Germany, your home is protected by law. Your landlord (Vermieter) cannot simply enter your apartment whenever they wish, even if they own the building. If your landlord has entered without permission or without proper notice, you have legal grounds to object and take action. Understanding your rights—and the rules that bind your landlord—is essential to protecting your privacy and security.
This guide explains when entry is allowed, what constitutes a violation, how to document it, and what steps you can take. Whether you're renting a flat in Berlin, Munich, Cologne, or anywhere else in Germany, these protections apply to you.
When Your Landlord Can Enter Your Home
German tenant law (Bürgerliches Gesetzbuch, or BGB) permits landlords to enter rental properties, but only under specific circumstances and with proper notice. Understanding these legitimate reasons helps you identify when entry crosses the line.
- Emergency situations: Immediate danger like fire, gas leak, flooding, or structural damage allows entry without notice.
- Repairs and maintenance: Your landlord can enter to fix heating, plumbing, electrical systems, or other essential building services—but must give written notice at least 3 days in advance.
- Inspections: Regular property inspections are permitted with 3 days' written notice, typically to check for damage or ensure the apartment is being maintained properly.
- Showings to prospective tenants: When the apartment is being rented out, the landlord may show it to new tenants with proper notice (usually 3 days).
- Showing the property for sale: If the building is being sold, potential buyers can view the property with advance notice.
The key requirement in all non-emergency cases is written notice given at least 3 days beforehand. This notice must specify the reason and the time window (typically a 1-hour slot).
What Counts as Unauthorised Entry
Your landlord violates your rights if they enter without notice, ignore your refusal, or enter for reasons not permitted by law. Common violations include:
- Entering with no advance notice (except genuine emergencies).
- Giving notice but entering for a different reason than stated.
- Entering outside the agreed time window.
- Allowing third parties (contractors, potential buyers) to enter without your knowledge or consent.
- Using a spare key to enter while you are away, without legitimate cause.
- Entering repeatedly for vague reasons like 'general inspection' when they simply want to check on you.
- Entering during unsociable hours or on a Sunday/public holiday without emergency justification.
In Germany, your apartment is considered your private space (Privatspäre). Unauthorised entry can feel like a serious violation, and legally, it is. Many tenants don't realise they have strong protections against this.
Document Everything: Building Your Case
If your landlord has entered without permission, documentation is critical. In German tenant disputes, written evidence is vital. Here's what you should do immediately:
- Write down details: Date, time, how you discovered entry (security camera, displaced items, building staff confirmation), and any witnesses.
- Take photos or videos: If anything was disturbed or if you have security footage showing unauthorised entry, save it.
- Send a written warning (Abmahnung): Write to your landlord in German or English (email is acceptable) stating the date of entry, that it was without permission, and that it violates §903 and §1004 of the German Civil Code. Request that they stop.
- Keep all communication: Save emails, messages, and any responses from your landlord.
- Check your lease (Mietvertrag): Review what it says about entry rights. Some clauses may be invalid if they exceed legal limits.
Many landlords back off once they receive formal written objection. If they don't, you have documented evidence for further action.
Your Legal Options and Next Steps
If unauthorised entry continues, you have several remedies under German law. The approach depends on how serious the situation is and whether you want to stay in the apartment.
- Seek an injunction (einstweilige Verfügung): You can apply to a German court for an urgent order prohibiting further unauthorised entry. This is faster than a full trial.
- Claim damages (Schadensersatz): If the entry caused you harm (stress, security concerns, or actual damage), you may claim compensation.
- Reduce rent (Mietminderung): In many cases, repeated violation of your privacy entitles you to reduce your rent. This is a powerful tool but requires careful legal handling.
- Terminate the lease early (außerordentliche Kündigung): In serious or repeated cases, you may have grounds to end the tenancy without notice due to the landlord's breach of your rights.
The right option depends on your situation. If you're unsure whether your case is strong, or if you want to avoid conflict, consulting a tenant rights organisation or lawyer is wise. Many offer initial advice for free or low cost.
Protecting Yourself Going Forward
Prevention is easier than dispute resolution. Take steps now to safeguard your privacy and gather evidence if problems arise.
- Install a security camera or doorbell camera: Many cameras record motion and time-stamp entries. This is legal for your own front door but check if it records common hallways.
- Use a door wedge or alarm: A simple motion-activated alarm on your door alerts you to unauthorised entry.
- Request written notice: Tell your landlord in writing that all access requests must include 3 days' written notice, stating the reason and time window.
- Keep your insurance details handy: If you have household contents insurance (Hausratversicherung) or tenant liability insurance (Haftpflichtversicherung), check if it covers losses from intrusion or theft.
- Know the local tenants' association (Mietverein): Join or bookmark your local Mieterverein. They offer legal advice and representation at reasonable cost.
If your situation is urgent or you need immediate guidance on a recent unauthorised entry, our English-speaking hotline can connect you with a certified local locksmith or legal resource who can advise on securing your home and your rights. Don't hesitate to reach out—you have protection under German law, and we're here to help you navigate it.
Frequently asked
Can my landlord use a spare key to enter my flat without telling me?
No, not outside genuine emergencies. Even though your landlord holds a spare key, using it to enter without 3 days' written notice is a violation of your privacy rights under German law. Emergencies (fire, gas leak, structural danger) are the only exception.
What should I do if I discover my landlord entered while I was away?
Document the date and any signs of entry (moved objects, security footage, or witness statements). Send your landlord a written message asking for confirmation of the visit and the reason. If they cannot justify it, follow up with a formal written objection citing the requirement for advance notice.
Is entry on a Sunday or public holiday ever allowed?
German law discourages non-emergency entry on Sundays and public holidays out of respect for private life. Unless there is genuine danger (gas leak, fire), your landlord should not enter on these days. If they do, it strengthens your case that the entry was improper.
Can I refuse entry even with proper notice?
For legitimate reasons (repairs, inspections, showings), you must generally grant access with proper notice. However, you can ask for a different time if the landlord's window is inconvenient. For emergency repairs, you cannot refuse, but non-emergencies require cooperation and reasonable notice.
What if my landlord keeps entering under the guise of 'inspections'?
Frequent or vague inspections can be abuse of rights. In Germany, general inspections are typically permitted 1–2 times per year. If your landlord enters more often or gives no specific reason, you can object in writing and request clarity on the inspection schedule in your lease.
Does my lease override the legal rules about entry?
No. Clauses in your Mietvertrag that give your landlord more entry rights than German law allows are invalid. You cannot agree to give up your privacy rights entirely. Any lease term permitting entry without notice or outside legal reasons is unenforceable.