Can my landlord enter my apartment without my consent?
July 7, 2023 | 40,00 EUR | answered by Günther Schulz
Dear attorney specializing in rental law,
My name is Siegfried Jung and I am contacting you with a question regarding my tenancy. There is nothing in my tenancy agreement stating whether my landlord has the right to enter my apartment without my consent. However, recently it has happened several times that my landlord showed up unannounced at my door and wanted to enter the apartment, supposedly to carry out repairs or show the apartment to potential tenants.
I feel very disturbed in my privacy and wonder if my landlord even has the right to enter my apartment without informing me beforehand or obtaining my consent. I do not want my landlord to walk around in my apartment in my absence or even snoop around in my personal belongings.
Could you please explain to me what rights and obligations my landlord has regarding entering my apartment? Are there any legal provisions requiring him to inform me in advance or obtain my consent? And if my landlord does indeed have the right to enter my apartment, are there ways for me to protect my privacy and prevent unannounced visits?
Thank you in advance for your help and clarification on this matter.
Sincerely,
Siegfried Jung
Dear Mr. Jung,
Thank you for your inquiry regarding your tenancy and the question of whether your landlord has the right to enter your apartment without your consent. I understand your concerns about the invasion of your privacy and will gladly provide you with detailed information on this matter.
In general, your landlord has the right to inspect the rented apartment, for example, to carry out repairs or to show it to potential tenants. However, he must respect your privacy and adhere to certain rules.
The Civil Code (BGB) stipulates that the landlord has the right to enter the rental premises to carry out repairs or to allow viewings. However, he must appropriately consider your interests and respect your privacy. This means that he is generally obligated to coordinate with you and comply with your wishes, if possible.
In most cases, your landlord should therefore contact you in advance and agree on a time to enter the apartment. Unannounced visits are generally not allowed, unless there is an emergency that requires immediate entry to the apartment.
If your landlord repeatedly does not adhere to these rules and shows up unannounced at your door, you should talk to him and express your concerns. You can also make it clear to him that you value your privacy and do not accept unannounced visits.
If your landlord remains uncooperative and continues to enter your apartment without notice, you can consult a lawyer specializing in tenancy law to take legal action. You may be able to file an injunction against your landlord or claim damages.
I hope this information helps you and clarifies your rights in this matter. If you have any further questions, please feel free to contact me.
Best regards,
Günther Schulz
