Organising a Wohnungsbesichtigung: landlord rules (2026)
Organising a Wohnungsbesichtigung: landlord rules
Only on a concrete occasion, after proper notice and at a reasonable frequency.
The duty to allow viewings is an ancillary contractual duty under § 242 BGB, confirmed by the BGH (26.04.2023 – VIII ZR 420/21). Entering unilaterally, or viewing in the tenant's absence, is ruled out.
§ 242 BGB, BGH VIII ZR 420/21In 60 seconds
A right to view does not follow from ownership: the tenancy gives the tenant sole use (§ 535 Abs. 1 BGB), and the home is protected as a fundamental right under Art. 13 GG.
The duty to allow viewings is an ancillary contractual duty in good faith (§ 242 BGB). The BGH confirmed it for a sale: access after reasonable notice, on a concrete factual occasion, weighing the tenant's interests (VIII ZR 420/21).
There is no general, occasion-free right of access (BGH, 04.06.2014 – VIII ZR 289/13).
Viewing in the tenant's absence or with your own spare key is prohibited self-help (§ 858 BGB) and can be criminal trespass (§ 123 StGB). The tenant need not hand over a key either.
Bundle viewers into a few prepared appointments rather than sending individuals across the month, that is the considerate exercise of the right the courts expect.
What the law says
The tenant's duty to allow viewings appears in no provision of its own. It follows as an ancillary contractual duty in good faith (§ 242 BGB) and requires a concrete factual occasion and reasonable advance notice; the tenant's interests must always be weighed (BGH, judgment of 26 April 2023: VIII ZR 420/21).
Guide figures from the case law
| Aspect | Guide figure | Source / note |
|---|---|---|
| Frequency | approx. 1–3 appointments a month | depends on the case; more than 3/month regularly unreasonable |
| Length per appointment | approx. 30–45 minutes | LG Frankfurt am Main (24.05.2002) |
| Time of day (tenants in work) | early evening, around 7–8 pm | LG Frankfurt am Main |
| Example minimum | 1 appointment/month, 4 days' notice | AG Hamburg |
| Weekends / public holidays | as a rule not | weekdays at ordinary times |
Notice follows the same pattern: at least 24 hours as the floor, three to four days for tenants in work, one to two weeks for larger sale or reletting campaigns.
What it means for each side
- You have a say in the time slots; appointments are agreed, not dictated.
- You need not hand over a key and need not be present yourself.
- You need not accept more than three appointments a month, or mass viewings.
- Listing photos of your furnished flat only with your consent.
- State the occasion in writing: sale or reletting, not "an inspection".
- Propose several appointments on weekdays at ordinary times, and take the tenant's preferences into account.
- Limit frequency and length: one to three appointments a month, 30 to 45 minutes.
- Record the notice, the proposed slots and the acceptance in writing, with dates.
Common mistakes
With your spare key that is prohibited self-help (§ 858 BGB) and can be criminal trespass.
Neither agent nor landlord has any entitlement to one.
Weekends, public holidays and unsocial hours are equally unreasonable.
Without a concrete occasion there is no right of access, and the tenant's preferences belong in the scheduling.
What to do next
State the occasion in writing: sale or reletting.
Propose several agreed appointments, on weekdays at ordinary times, with reasonable notice.
Bundle viewers: one to three appointments a month, 30 to 45 minutes each.
Respect privacy, no photos of the tenant's belongings without consent, and document the notice, the proposal and the acceptance.
Frequently asked questions
Must the tenant allow a viewing when the flat is being sold?
Yes. The tenant must grant the landlord access for a Besichtigung (viewing) when there is a concrete reason such as an intended sale and the appointment was announced in good time. This is a contractual ancillary duty under § 242 BGB, confirmed by the BGH (judgment of 26.04.2023 – VIII ZR 420/21). The tenant's interests must be weighed in.
How many viewing appointments per month are reasonable?
There is no fixed limit in the law; the frequency must be reasonable. Case law treats roughly 1 to 3 appointments per month as appropriate. The LG Frankfurt accepted three appointments a month from 7–8 p.m. lasting 30–45 minutes each; the AG Hamburg accepted one appointment per month with four days' notice. Mass viewings are not permitted.
What advance notice (Ankündigung) applies to a viewing?
The period is not set out in any single law; it comes from case law. At least 24 hours is the floor; for employed tenants 3 to 4 days is expected depending on the circumstances, and around 1 to 2 weeks for larger sale or re-letting campaigns. The tenant's scheduling wishes must be taken into account.
May I have the flat shown while the tenant is absent?
No. A viewing in the tenant's absence is not permitted, even with your own spare key or via an agent. Unilateral entry is verbotene Eigenmacht (prohibited self-help, § 858 BGB) and can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB. The tenant is not obliged to hand a key to the landlord or the agent.
Must the tenant allow viewings at the weekend?
As a rule, no. Appointments should fall on weekdays at normal daytime hours; Sundays and public holidays are off-limits. For employed tenants, early-evening slots (around 7–8 p.m.) are common. What matters is a considerate exercise of the right of viewing that respects the tenant's legitimate wishes.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.