Can my landlord show my apartment without my permission?
May 17, 2023 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
I am contacting you with an urgent question regarding rental law. My name is Thomas Winterberg and I am a tenant of an apartment in Berlin. There is nothing in my lease agreement stating that my landlord has the right to enter my apartment without my consent. However, my landlord has recently announced several times that he would like to come by to inspect the apartment.
I feel uncomfortable about this and I am wondering if my landlord actually has the right to enter my apartment without my consent. I want to protect my privacy and not constantly feel watched. Can my landlord just come by and inspect my apartment? Are there any legal regulations that protect me as a tenant?
I have tried to talk to my landlord about it, but he insists that as the landlord, he has the right to inspect the apartment. However, I am not sure if this is true and if I can resist it. I would like to know if there are ways to protect my privacy and if I can refuse my landlord access to the apartment.
I would greatly appreciate it if you could help me and inform me of my rights as a tenant in this situation. Thank you in advance for your support.
Sincerely,
Thomas Winterberg
Dear Mr. Winterberg,
Thank you for your inquiry regarding the landlord's right of inspection in relation to your rental apartment in Berlin. I understand your concern for your privacy and will explain to you in detail the rights and obligations you have as a tenant regarding inspections by the landlord.
In general, the landlord has the right to inspect the rented apartment. This is stated in § 14 of the German Civil Code (BGB), which states that the landlord has the right to inspect the rental property at reasonable intervals. However, the landlord must take into account your interests and privacy.
In your case, it is important to note that your rental agreement does not contain specific provisions regarding inspections by the landlord. However, this does not mean that the landlord can simply come by whenever he pleases. Inspections must be conducted at reasonable intervals and times. The landlord should coordinate with you in advance and agree on a specific appointment.
If you feel uncomfortable or believe that your landlord wants to inspect your apartment too frequently or without adequate notice, you have the right to deny the landlord access. This is especially true if the inspections unreasonably infringe on your privacy. In such a case, you can seek legal advice from a lawyer specializing in tenancy law to enforce your rights.
It is advisable to first have a conversation with your landlord and express your concerns regarding inspections. Try to reach a clear agreement that considers both the landlord's interests and your privacy. If this is not possible, you can seek legal advice to protect your rights.
Finally, I want to emphasize that there are legal regulations that protect your privacy as a tenant. You have the right to undisturbed use of your rental apartment and can deny the landlord access if he unreasonably infringes on your privacy.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Günther Schulz
Attorney specializing in tenancy law
