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Worried about unexpected landlord visits? German law is firmly on your side. Here’s what expats and mid‑term renters need to know to feel secure at home and how to handle the few situations where entry is truly allowed.
Your right to privacy at home (“Hausrecht”)
In Germany, once you sign a rental contract, the flat is legally yours to control for the entire rental period. This means you have what’s called “Hausrecht” (house right) or the right to decide who is allowed to enter the property, including the landlord.
The landlord cannot enter your flat without your permission, unless it’s a true emergency (like a burst pipe or fire). This right to undisturbed use of your home is protected by law (§ 535 BGB) and supported by tenant associations.
One important detail: your landlord is not allowed to keep a spare key, unless you’ve clearly agreed to it. Even if they have a master key, they cannot legally use it to enter without your consent. If they do, it’s a serious violation of your rights. You can formally object and in extreme cases, even end the lease immediately.
Unauthorized Entry Is a Serious Offense – Even a Crime
In Germany, entering someone’s home without permission is a criminal offense. According to the German Criminal Code (§ 123 StGB, Hausfriedensbruch), anyone who enters your flat without your consent or refuses to leave when asked can be fined or even face jail time. These cases are typically prosecuted if the tenant files a complaint.
The Golden Rule: No Entry Without Consent (Except Emergencies)
Your landlord cannot enter your apartment unless two things are true:
- They have a specific, legitimate reason, and
- You’ve agreed in advance to a scheduled appointment.
The German Federal Court of Justice (BGH) has made this clear: routine or vague inspections are not allowed. The landlord must point to a concrete issue, like a specific repair, sale, or safety check and give proper notice. General check-ups “just to see the condition” are not permitted.
When Landlords Can Legally Enter – With Notice
There are only a few valid reasons for a landlord to request access, and all of them require reasonable advance notice and your cooperation to schedule a time:
1. Repairs or Maintenance
If something in the property needs to be fixed or maintained (called Erhaltungsmaßnahmen under § 555a BGB), you must allow access so the landlord or a technician can do the work. However:
- You must be notified in advance, and
- The visit should only cover what’s necessary.
If the issue is urgent, like a leak or something that might cause damage, a shorter notice may be justified.
2. Modernization Works
Larger improvement projects (known as Modernisierungsmaßnahmen) also allow access, but they come with stricter rules:
- The landlord must notify you in writing,
- At least three months in advance, and
- Include clear details: what’s being done, when, and how it affects you (§ 555c BGB).
Examples include energy-efficiency upgrades or installing new heating systems.
3. Viewings for New Tenants or Buyers
If your rental is ending (you’ve given notice or the lease is legally ending), or the owner is planning to sell the property, the landlord may request viewings for:
- Prospective tenants, or
- Potential buyers.
But this access is limited:
- They must give specific reasons,
- Provide advance notice, and
- Schedule the visit with your consent.
Courts have rejected generic contract clauses that allow landlords to do “regular check-ups.” Those types of blanket permissions are invalid.
4. Legally Required Safety Checks
Some inspections are required by law, like:
- Smoke alarm installation or maintenance,
- Heating system checks, or
- Other safety-related measures.
In these cases, the landlord can ask for access, but they must:
- Explain the legal requirement,
- Notify you ahead of time, and
- Limit the visit to only what’s required.
What’s not allowed: “Just to look around,” “routine inspections,” or repeated drop‑ins without a specific need. The BGH has expressly rejected general “status check” clauses in standard contracts as unfair.
Emergencies: the narrow exception
In a true emergency, think burst pipe, fire, gas smell, the landlord (or emergency services) may enter without permission to avert imminent danger (Gefahr im Verzug). Even then, this is strictly limited to what’s necessary. If they cannot reach you, they may involve a locksmith for a “Notöffnung” and must secure the premises and inform you promptly afterward. Tenant‑association guidance frames this as an exceptional case only.
If, say, water is leaking into the flat below and the landlord suspects an unattended issue, they can request entry – so serious suspected damage (with evidence) may justify an inspection.
Notice and consent: how much advance time is “reasonable”?
There is no single statutory number of hours for ordinary visits; the law requires “timely” or “appropriate” notice, depending on what is planned. Practical benchmarks used by tenant associations and courts:
- Working tenants: at least 3–4 days’ notice for viewings or inspections.
- Non‑working tenants: about 24 hours’ notice can suffice in simple cases
- Modernisation: 3 months’ written notice (see above).
- Emergencies: no prior notice required (see above).
What must the notice include?
The landlord should state the concrete reason, propose a date/time, and list who will attend (e.g., contractor, agent, one or two prospective tenants). This is standard tenant‑association guidance.
Time of day and frequency
Reasonable weekday slots are typically 10:00–13:00 or 16:00–18:00; Sundays/holidays only by exception or with your clear consent. With justification, a working tenant may need to allow up to three evening appointments per month between 19:00 and 20:00, each about 30–45 minutes.
Repeated or excessive visits (e.g., several times per week) are not reasonable.
No “open houses”
Group viewings should be kept small and necessary. You may refuse mass showings that unduly interfere with your privacy. Tenant guidance also notes the landlord may bring several people if required for the purpose (e.g., one agent plus one or two prospective tenants), if this is announced in advance.
Your rights during a visit
- You decide who enters: Even with a justified reason, the landlord still needs your permission at the door; they may not force entry. If you are uncomfortable, ask to see IDs and to limit attendance to those listed in the notice.
- Photos: There is no general right to take photographs of your private home. Some courts forbid it without your consent; others allow limited photos only if necessary to document damage or for evidence. Publishing photos (e.g., on portals) requires your consent. You can say no to photography of personal items.
- Privacy and dignity: Visits must be as short and focused as possible (often 30–45 minutes). You can request that certain rooms be entered only if necessary (e.g., bedrooms during a sale viewing) and ask that personal documents or valuables not be touched.
- You don’t have to “do the work”: You must tolerate necessary repairs (provide access), but you’re not obliged to actively move furniture or assist beyond reasonable cooperation; if you volunteer to help and incur costs, discuss reimbursement. (The legal obligation is one of toleration, not performance.)
If your landlord enters without permission: what to do
- Stay safe, document, and object. If you discover unauthorized entry, note date/time, what happened, and any witnesses or photos. Send a written objection stating that entry occurred without your consent and demand it cease. Remind them of your Hausrecht and that forced entry is not allowed.
- Consider possession protection / injunction. Civil law gives possessors (that includes tenants) a claim to stop disturbances and prevent repetition (§ 862 BGB). You can pursue an injunction to bar further unannounced entries.
- Criminal complaint if appropriate. Unauthorized entry may qualify as Hausfriedensbruch under § 123 StGB (punishable by fine or up to one year). It’s typically prosecuted upon your complaint: you can file at a police station or online where available.
- Change the lock if you have reason to suspect misuse. Tenant guidance says that if you reasonably suspect the landlord has accessed the dwelling unlawfully, you may replace the cylinder to protect your privacy (keep the old one for move‑out).
- Get support. Tenant associations (Deutscher Mieterbund) provide quick, low‑cost legal advice and letters. If you booked a furnished mid‑term rental via Wunderflats, you can also contact their support for help coordinating with the landlord and clarifying expectations.
Important: If a landlord properly requests access for a valid reason and you flatly refuse without cause, that can backfire. In extreme cases, courts have allowed (even immediate) termination for persistent refusal to allow warranted entry. Always reply, propose alternative times, and keep a paper trail.
Special notes for international tenants
- Don’t accept surprise visits. In Germany, “I was in the building anyway” is not a justification. Ask for a written notice with the reason and a proposed time window; propose alternatives if needed.
- In furnished mid‑term rentals, visits are uncommon. Platforms like Wunderflats run mostly fully digital bookings, and listings are often not viewable while occupied. That means mid‑tenancy showings are rare; if a landlord proposes one, you can expect clear notice and a good reason (e.g., your tenancy is ending).
- Keep all keys; never hand over a spare unless you choose to. If you want a fallback for emergencies, leave a key with a trusted neighbor and inform the landlord whom to contact: a practice tenant associations recommend to avoid forced entries during a genuine emergency.
- If unsure, get help fast. Contact your local Mieterbund for a quick assessment. Wunderflats Customer Support can help mediate practical issues with landlords on platform rentals.
How to say “yes, but properly”: model reply for a valid request
Subject: Proposed visit – please confirm details
Dear [Landlord/Agent],
Thanks for your message. I’m happy to arrange access for [reason, e.g., repair of the bathroom leak / viewing for prospective tenant].
To confirm, please provide (1) the names and roles of anyone attending, (2) the expected duration, and (3) a time window during [two or three proposed dates/times].
As I work during the day, [Date] at [Time] or [Date] at [Time] would be suitable. If these don’t work, please suggest alternatives within normal visiting hours. Photography inside the apartment is not permitted without my written consent; if photos are required for technical reasons, please let me know the purpose and which areas will be photographed.
Best regards,
[Your name]
This keeps you cooperative while documenting your conditions (reason, attendees, time, photos), which mirrors German practice.
Quick answers to common questions
No. The BGH rejected broad “status check” clauses. A specific, factual reason and advance notice are required.
For working tenants, 3–4 days is a common benchmark; 24 hours can suffice for non‑working tenants or simple matters. Larger works = more notice (modernisation 3 months). Emergencies = no notice.
Weekdays in 10:00–13:00 or 16:00–18:00 windows are typical; evenings 19:00–20:00 may be required up to three times per month with justification. Sundays/holidays usually no unless you agree.
Yes, if necessary for the stated purpose (e.g., contractor, agent, limited number of prospects) and announced in advance. Mass open houses are not reasonable without your consent.
Not generally. Limited photography may be permissible only if necessary to document a defect; publishing online requires your consent.
You can refuse unreasonable or unannounced requests; you can reschedule for reasonable times. But persistently refusing justified access can risk termination—engage, propose alternatives, and document.
You should make arrangements (e.g., trusted person with a key) so that time‑critical, justified access is possible (e.g., end‑of‑tenancy viewing, urgent repair).
Practical checklists
Before a scheduled visit
- Get written notice (reason, date/time, attendees, expected duration).
- Propose two or three alternative time slots if the proposed one clashes.
- Secure valuables and put away personal documents; decline photography unless truly necessary and agreed.
On the day
- Verify identities; allow only the named attendees.
- Keep the visit focused; 30–45 minutes is typical.
If something goes wrong
- Document what happened and send a written objection.
- For repeat issues, seek an injunction (§ 862 BGB) and consider a criminal complaint (§ 123 StGB). Consult Mieterbund.
Bottom line for expats and mid‑term renters
Germany takes the inviolability of the home seriously. If your landlord wants in, they must explain why, announce in advance, and agree on a time with you. That’s true for repairs, inspections, and viewings alike. Emergencies are the exception and even then, the action must be necessary and proportionate.
In furnished, mid‑term rentals booked digitally, mid‑tenancy showings are the exception, not the rule. If you receive a request, stay calm, ask for it in writing, and schedule an appointment that respects your schedule and privacy. If anything feels off, don’t hesitate to contact the Mieterbund or, for platform bookings, Wunderflats Support for help.
Legal note: This article provides general information on German tenancy law and does not replace individual legal advice. For specific cases, consult a lawyer or your local Mieterbund.
Legal review by Stephan Hartmann, Ass. jur., Data Privacy Officer at Lecturio — Tbilisi, Georgia
Disclaimer: The contents of this page have been prepared for your information and Stephan Hartmann, Ass. jur., Data Privacy Officer at Lecturio has been commissioned to check the legal correctness of this article. However, this article does not constitute legal advice. Always consult a legal professional for personalized guidance, especially if you're renting out property in Germany as a non-resident landlord or in complex circumstances.
