Is it allowed for my landlord to keep the key to the apartment?
August 4, 2023 | 50,00 EUR | answered by Emma Richter
Dear lawyer,
My name is Greta Ullmann and I have a question regarding my tenancy. I am a tenant of an apartment and have noticed that my landlord has kept a key to the apartment after I moved in. I am wondering if it is legally allowed for the landlord to keep a key to the apartment, even though I live alone in the apartment.
I am concerned about my privacy and security, as I do not know if the landlord could potentially have unauthorized access to the apartment. Additionally, I feel uncomfortable at the thought that my landlord may enter my apartment without my permission.
I would like to know if my landlord has the right to keep the key to the apartment and if there are any possible legal steps I can take to protect my privacy and security. Are there any laws or agreements in tenancy laws that state that the landlord can keep the key to the apartment? And if not, what are my rights as a tenant in this situation?
I would greatly appreciate your legal assessment and possible solutions to clarify my concern.
Thank you in advance.
Sincerely,
Greta Ullmann
Dear Ms. Ullmann,
Thank you for your inquiry regarding your tenancy and the question of whether it is legally permissible for your landlord to keep the key to the apartment, even though you are living alone in the apartment.
In principle, the landlord has no right to keep a key to the apartment if you, as the tenant, are living alone in the apartment. Tenancy law stipulates that you, as the tenant, have the exclusive right to use the apartment and therefore also the right to privacy and security. The landlord may only enter the apartment if it is explicitly agreed upon in the lease agreement or if there is a legitimate reason, such as maintenance work or emergencies.
However, in your case, it is questionable why your landlord has kept the key to the apartment despite you living alone in it. It is important that you feel safe and protected in your apartment. If your landlord enters the apartment without your permission, this could even constitute a violation of your right to privacy.
To protect your privacy and security, I recommend that you first have a conversation with your landlord and politely but firmly point out that you, as the tenant, have the exclusive right to use the apartment and that it is not legally permitted for the landlord to keep the key to the apartment. Ask your landlord to hand over the key to you.
If your landlord does not comply with this request or refuses to hand over the key, you may take legal action. For example, you could send a written request to your landlord to return the key and set a reasonable deadline. If this also does not lead to the desired outcome, you could involve a lawyer and potentially go to court to enforce your right to privacy and security.
There is no legal provision in tenancy law that allows the landlord to keep the key to the apartment if you are living alone in the apartment. As the tenant, you have the right to exclusive access to the apartment and to determine your privacy.
I hope this information helps you and that you can successfully resolve your issue. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Emma Richter, Attorney at Law
