Can my landlord have tradesmen enter my apartment without my permission?
June 22, 2022 | 40,00 EUR | answered by Simon Büchner
Dear Attorney,
I am writing to you because I am feeling uncertain about my living situation. My name is David Kuhn and I am a tenant in an apartment building. Lately, it has been happening more frequently that my landlord sends workers into my apartment to do repairs without my consent. This usually happens when I am not at home, and I feel like my privacy is being violated.
I am worried that my personal belongings could be damaged or stolen if unknown workers are left unsupervised in my apartment. Additionally, it bothers me that I am not informed about the planned repairs and have no opportunity to coordinate the timing of the repairs with my own schedule.
Therefore, I would like to know if my landlord has the right to let workers into my apartment without my consent. Are there any legal regulations that protect my rights as a tenant in this situation? What options do I have to defend myself against unwanted intrusions into my privacy and ensure that I am informed about repair work in my apartment?
I am looking forward to your expert advice and thank you in advance for your help.
Sincerely,
David Kuhn
Dear Mr. Kuhn,
Thank you for your inquiry and your trust in my expert advice on this legal matter. As a tenant, you have certain rights and claims that are enshrined in the tenancy law to protect your privacy and living situation.
First and foremost, it is important to know that your landlord generally has the right to carry out repairs and maintenance work in your apartment. This arises from his duty to maintain according to § 535 of the Civil Code. However, he must consider your interests as a tenant and respect your privacy.
Regarding the entry of craftsmen into your apartment without your consent, there are clear legal regulations. According to § 536 of the Civil Code, the landlord or persons commissioned by him may only enter the rental property if it is necessary for the performance of repairs and maintenance work and the tenant has been informed. This means that your landlord is generally obliged to inform you about planned work in your apartment and give you the opportunity to coordinate the timing of repairs with your own schedule.
If your landlord disregards these regulations and sends craftsmen into your apartment without your consent, it constitutes an invasion of your privacy. In such a case, you have the right to take action against this unwanted intrusion. You can request your landlord in writing to inform you in advance about planned repairs and ask for your consent. If your landlord continues to violate your rights, you can take legal action, such as applying for an injunction or claiming damages.
Overall, it is important that you are aware of your rights as a tenant and actively defend them. If you have any further questions or need legal support, I am at your disposal.
Sincerely,
Simon Büchner
Lawyer
