Can my landlord forbid me from having visitors?
October 12, 2022 | 40,00 EUR | answered by Emma Richter
Dear landlord for tenancy law,
I am reaching out to you with a question regarding my tenancy agreement. My landlord recently informed me that he is not comfortable with me having visitors in my apartment. He claims that this is prohibited in the house rules and that he feels disturbed by it. I am very unsettled, as I regularly have friends and family over at my home, which is an important social aspect for me.
I have never had any issues with my landlord before and have always paid my rent on time. I do not understand why he is suddenly imposing this ban and I feel restricted in my privacy. Can he actually prevent me from having visitors? Are there any legal grounds that justify his ban?
I have already tried to discuss this with my landlord, but I could not reach an agreement. However, I do not want to simply accept that my landlord is restricting my personal freedom. Are there any ways for me to legally fight against this or at least find a compromise? I would be very grateful for your professional assessment and possible assistance in this matter.
Sincerely,
Verena Otten
Dear Mrs. Otten,
Thank you for your inquiry regarding your rental agreement and the question of whether your landlord can actually prohibit you from receiving visitors in your apartment.
In Germany, the right to freedom of personality applies, which includes the right to social contacts and receiving visitors. So, your landlord cannot generally prohibit you from receiving visitors in your apartment.
However, there are exceptions if this is explicitly regulated in the house rules or in the rental agreement. In this case, you would have to adhere to these regulations. Therefore, it is important that you review your rental agreement and house rules to see if a visitor ban is actually specified. If this is the case, you would have to abide by it, even if you perceive it as an invasion of your privacy.
If there is no such ban specified in the rental agreement or house rules, your landlord does not have a legal basis to prohibit you from receiving visitors. In this case, you could legally challenge this restriction.
I recommend that you have another conversation with your landlord and politely but firmly remind them that you have the right to receive visitors as long as it does not violate the house rules. If your landlord continues to insist on their position, you may consider seeking legal advice and potentially taking legal action.
It is important that you know your rights as a tenant and do not simply accept restrictions on your privacy. I am available to assist you in this matter and to show you possible legal steps.
Sincerely,
Emma Richter
Attorney specializing in rental law
