Can my landlord enter the apartment without my permission?
April 18, 2023 | 45,00 EUR | answered by Emma Richter
Dear lawyer,
I am reaching out to you because I am unsure whether my landlord has the right to enter my apartment without my permission. My name is Alice Halbscheffel and I am a tenant in an apartment in a multi-family house. While my lease states that the landlord has the right to enter the apartment under certain circumstances, I feel uncomfortable at the thought of him being able to show up at my door unannounced.
In the past, my landlord has entered my apartment without prior notice to perform repairs or show the apartment to potential new tenants. This has made me uneasy and I am wondering if he has the right to enter my privacy without my permission.
I am concerned about my privacy and do not feel safe in my apartment if my landlord could enter unannounced at any time. Therefore, I would like to know if it is legally permissible for my landlord to enter the apartment without informing me beforehand. Are there any ways to prevent this or at least limit it?
I hope you can assist me with this question and provide me with possible solutions to protect my rights as a tenant and safeguard my privacy.
Thank you in advance for your support.
Sincerely,
Alice Halbscheffel
Dear Mrs. Halbscheffel,
Thank you for your inquiry regarding your landlord's right to enter your apartment without your permission. This question is indeed of great importance for the tenancy between you and your landlord. It is not uncommon for tenants to feel concerned about their landlord entering their living spaces without notice.
In general, the landlord has the right to enter the rental premises to carry out repairs or to show the property to potential new tenants. This is usually specified in the lease agreement. However, this does not mean that the landlord can enter your apartment unrestrictedly and without your consent.
According to § [legal code], the landlord may only enter the rental premises if there is a specific reason and while respecting your privacy. Additionally, the landlord must contact you beforehand and schedule a time to enter, unless there is an emergency.
Therefore, if your landlord enters your apartment without notice and without a specific reason, he is violating your rights as a tenant. In such a case, you should have a conversation with your landlord and clearly communicate that you do not accept the unannounced entry into your apartment. If this does not lead to a resolution, you can take legal action and seek advice from a lawyer specializing in tenancy law.
There are definitely ways to prevent the unauthorized entry of your landlord into your apartment. It is important that you know your rights as a tenant and assert them against your landlord. I recommend contacting a lawyer specializing in tenancy law to discuss your specific situation and take appropriate measures.
I hope this information is helpful to you and that you find a solution to your problem soon. If you have any further questions, please feel free to contact me.
Best regards,
Emma Richter
Tenancy Lawyer
