Can my landlord enter the apartment without my permission?
January 15, 2024 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
My name is Ralf Völker and I am contacting you with an urgent question regarding rental law. In my current living situation, I have noticed that my landlord has entered the apartment several times without my consent. This usually happens when I am not at home, and it leaves me with a very unpleasant feeling of my privacy being violated.
I am concerned that my landlord may be unauthorizedly interfering with my personal belongings or searching my apartment without my knowledge. Furthermore, I no longer feel safe in my own home and feel that my privacy has been violated. I have already tried to talk to my landlord about this behavior, but he does not seem to take my concerns seriously and claims that as a landlord, he has the right to enter the apartment at any time.
I am now wondering if my landlord actually has the right to enter the apartment without my consent, and what I can do in this situation to protect my privacy. Are there any legal regulations that my landlord must adhere to before entering the apartment? What steps can I take to ensure that my landlord respects my privacy and does not unlawfully enter my apartment?
I thank you in advance for your help and advice on this matter.
Sincerely,
Ralf Völker
Dear Mr. Völker,
Thank you for your inquiry regarding rental law and the unpleasant situation you are experiencing with your landlord. It is understandable that you are concerned about your landlord entering your apartment without your permission and thus violating your privacy. In fact, there are legal regulations that your landlord must follow before entering the apartment.
According to § 535 of the German Civil Code (BGB), the landlord has the right to enter the rented apartment to carry out repairs or to inspect the condition of the apartment. However, he must respect your privacy and may only enter the apartment if there is a legitimate interest. This means that your landlord cannot simply enter the apartment just because it suits him.
To ensure that your landlord respects your privacy, you can inform him in writing that you do not tolerate his unauthorized entry into the apartment and request him to obtain your consent before entering. If your landlord continues to enter the apartment without your permission, you can take legal action. For example, you could issue a warning or even consider a rent reduction if your landlord refuses to respect your right to privacy.
It is advisable that you seek advice from a lawyer specializing in rental law in this matter to protect your rights and respond appropriately to your landlord's behavior. A lawyer can help you plan the legal steps and defend your privacy.
I hope that this information is helpful to you and supports you in your situation. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Günther Schulz, Attorney
