When may a landlord enter the rented flat? (2026)
When may a landlord enter the rented flat?
There is no general right of access, not even as the owner.
Access only on a concrete occasion, after proper notice and normally with the tenant's consent. The basis is Art. 13 GG and § 535 BGB; the specific notice periods come from case law.
Art. 13 GG, § 535 BGBIn 60 seconds
The tenancy gives the tenant sole use (§ 535 Abs. 1 BGB); the Hausrecht is theirs, so they decide who comes in, and the home is protected as a fundamental right under Art. 13 GG.
A right of access does not follow from ownership but as an ancillary duty in good faith (§ 242 BGB) where there is a factual reason (BGH, 04.06.2014 – VIII ZR 289/13).
Legitimate occasions are repair, servicing and maintenance, meter readings, viewings for a sale or reletting, and preparing and carrying out modernisation.
An occasion-free routine check is not among them, and a clause allowing "inspection at any time" is void (§ 307 BGB).
Entering without consent and notice, including with your own spare key or in the tenant's absence, is prohibited self-help (§ 858 BGB) and can be criminal trespass (§ 123 StGB).
What the law says
The home is inviolable under Art. 13 GG, and the tenancy gives the tenant sole use (§ 535 Abs. 1 BGB). A landlord's right of access appears in no provision of its own: it follows as an ancillary duty of the tenant in good faith (§ 242 BGB) and requires a factual reason and reasonable notice. The notice periods come from case law and commentary.
Occasion, usual notice and limits
The periods below come from case law and commentary rather than any single provision. They are guide figures and depend on the occasion.
| Occasion | Usual notice | Note |
|---|---|---|
| Repair / servicing | approx. 24–48 hours | A concrete reason is needed; immediately in an emergency |
| Meter reading | a few days | Agree the slot |
| Viewing for a sale / reletting | approx. 1–2 weeks | Limited in number, no mass viewings |
| Modernisation | approx. 3 months | § 555c BGB (notice of modernisation) |
| Occasion-free routine check | not permitted | No right of access |
| Emergency (burst pipe, fire, gas) | no notice | Only where there is immediate danger |
Related: Organising a viewing and Defect notices and the duty to repair.
What it means for each side
- You decide who comes in and when. Appointments are agreed, not dictated.
- Ask for the concrete reason; "routine check" will not do.
- If you work, you may ask for a slot outside working hours.
- You do not have to allow unilateral entry (§ 858 BGB).
- State the concrete reason in writing, with a date.
- Give reasonable notice and propose weekdays at ordinary times.
- Take the tenant's scheduling preferences into account.
- Never enter with the spare key in the tenant's absence.
Common mistakes
Prohibited self-help (§ 858 BGB), and in the extreme criminal trespass (§ 123 StGB).
Such a clause is void (§ 307 BGB).
An occasion-free routine check creates no entitlement.
Weekdays at ordinary times, not Sundays or public holidays.
What to do next
Name the concrete reason, not "routine check".
Give reasonable notice, scaled to the occasion.
Propose weekdays at ordinary times and accommodate the tenant's preferences.
Document the notice and the proposed slots in writing, with dates.
Frequently asked questions
Does the landlord have a right to enter the flat at any time?
No. There is no general or reasonless right of access. Through the lease the tenant gains exclusive use of the flat (§ 535 BGB), and the flat is protected by Art. 13 GG. The landlord may only enter with a concrete reason, after Ankündigung (advance notice) and as a rule with the tenant's consent.
How much advance notice must the Ankündigung give?
The periods are not in any single law; they come from case law and depend on the reason. Common are roughly 24–48 hours for repairs and maintenance, about 1–2 weeks for a Besichtigung (viewing) with buyers or prospective tenants, and about 3 months for a Modernisierung (modernisation). Appointments should fall on weekdays at normal daytime hours and take the tenant's reasonable wishes into account.
May I enter without notice?
Only in a genuine emergency (e.g. burst pipe, fire, smell of gas) where there is immediate danger to the flat or to other residents. Otherwise no. Entering without consent and without notice is verbotene Eigenmacht (prohibited self-help, § 858 BGB) and can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB, even with your own spare key.
May I show the flat (Besichtigung) when selling or re-letting?
Yes. With a concrete reason such as a sale or an upcoming re-let there is a legitimate interest in a Besichtigung (a tenant's ancillary duty derived from § 242 BGB, BGH 04.06.2014). But you must give timely notice, state the reason and take the tenant's scheduling wishes into account. Mass viewings or short-notice intrusions are not permitted.
Is a lease clause allowing routine inspection valid?
No. A clause letting the landlord enter the flat generally 'to check its condition' or on a routine basis is invalid as an unreasonable disadvantage to the tenant (§ 307 BGB). Only reason-based access after Ankündigung (advance notice) is permitted.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.