Entering the rented flat: when a landlord can go in

When you can enter the rented flat, how much notice to give, and when you have to stay out.

BildProof RedaktionUpdated 9/28/20262 min readGermany
In short

You can only enter the rented flat if you have a specific reason and give notice in good time. Without notice, you can only go in in a real emergency, such as a burst pipe, a fire or a smell of gas.

When you can enter the flat

Even as the owner, you have no general right of entry. You need a real reason.

  1. 1

    For repairs and servicing

    Repairs and servicing are a valid reason. Give about 24 to 48 hours' notice.

  2. 2

    For meter readings

    A meter reading is a valid reason too. You also have to give notice for it.

  3. 3

    For viewings

    You can show the flat for a sale or a new letting. Announce the viewing around 1 to 2 weeks ahead.

  4. 4

    For modernisation

    For modernisation work, give about 3 months' notice.

  5. 5

    In a real emergency

    If there is a burst pipe, a fire or a smell of gas, you can go in without notice.

  6. 6

    Give notice in writing

    State the reason and propose a date on a weekday at normal hours.

Why this matters

The home is protected by Art. 13 GG, and the tenant has sole use of the flat under § 535 BGB. Your right of entry comes only from the principle of good faith (§ 242 BGB), and only if you have a real reason and give reasonable notice.

General information, not legal advice.

Frequently asked questions

Can the landlord enter the flat at any time?

No, the landlord cannot enter the flat at any time. The tenant has sole use of the flat (§ 535 BGB), and the home is protected by Art. 13 GG. Entry is only allowed with a specific reason, after notice and usually with the tenant's consent.

Can I enter the flat with my spare key?

No, you cannot enter with your spare key without the tenant's consent and without notice. That is verbotene Eigenmacht (unlawful interference, § 858 BGB) and can be criminal trespass (§ 123 StGB). The only exception is a real emergency such as a burst pipe, a fire or a smell of gas.

How much notice must a landlord give before a visit?

The notice depends on the reason for the visit. It is about 24 to 48 hours for repairs and servicing, around 1 to 2 weeks for viewings and about 3 months for modernisation. Visits should be on weekdays at normal hours.

More on this

Also in this topic: Energieausweis when renting out: 2026 rulesNoisy tenant in Germany: what landlords can doRent arrears and Mahnung: a landlord's guide

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