Can My Landlord Enter the Apartment? (2026)
Can My Landlord Enter the Apartment?
Not just like that, only on a concrete occasion and after proper notice.
The tenancy hands you the Hausrecht outright, so you alone decide who comes in (Art. 13 GG, § 535 BGB). If either the occasion or the notice is missing, you may refuse. Only a genuine emergency dispenses with both.
Art. 13 GG, § 535 BGBIn 60 seconds
Once you sign the tenancy the flat is yours for sole use and the Hausrecht, the right to decide who comes in, passes entirely to you. The landlord remains the owner but has no general right of access.
Recognised occasions are repair and servicing, meter readings, viewings for a sale or reletting, and an advance inspection before modernisation.
A "check-up visit" with no occasion behind it is not a reason. A blanket clause granting the landlord a general or regular right of access is void.
No provision names a fixed period: routine appointments roughly three to four days up to about two weeks' notice, urgent repairs sometimes 24 to 48 hours, a genuine emergency none at all.
A spare key the landlord has kept gives no right to enter, even with a key it remains: only on an occasion, only after notice, only with your agreement.
What the law says
The home is inviolable under Art. 13 GG, and the tenancy gives you sole use (§ 535 BGB). A landlord's right of access appears in no provision of its own; it requires a concrete occasion and proper notice, and the notice periods come from case law.
What you must allow, and what you may refuse
| Occasion with a concrete reason (allow, after notice) | What you may refuse |
|---|---|
| Repair, servicing, remedying defects | Occasion-free "check-up visits" |
| Meter readings for the Nebenkostenabrechnung | Unannounced arrival absent an emergency |
| Viewing for a planned sale or reletting | Entry in your absence without your consent |
| Advance inspection before modernisation | Appointments on Sundays, holidays or at unsocial hours |
| A genuine emergency (burst pipe, gas): at once | A key the landlord kept, treated as a "right of access" |
Related: Allowing viewings and Reporting a defect and demanding repair.
What it means for each side
- Check every appointment: concrete occasion, proper notice, a reasonable hour?
- Where the appointment is legitimate, cooperate. You need not be there yourself, someone you trust will do.
- Where the occasion or the notice is missing, refuse politely and in writing.
- Unannounced arrival: do not let them in, except in a genuine emergency.
- Name the concrete occasion and give proper notice.
- Propose weekdays at ordinary times and accommodate preferences.
- Keep no spare key without agreement. The tenant can demand it back.
- Even with a key, enter only after notice and with consent.
Common mistakes
A general, occasion-free right of access in the contract is void; you need not observe it.
Legitimate, announced repair and servicing appointments must be allowed, or you risk consequences (BGH, VIII ZR 281/13).
Without a written trail there is no way to show what was announced.
Have it confirmed at move-in how many keys exist, and insist on all of them being handed over.
What to do next
Check the appointment: occasion, notice, time of day.
Where it is legitimate, offer a slot that suits you.
Where the occasion is missing, refuse in writing citing Art. 13 GG and § 535 BGB.
Log incidents with date and time; on repeated unilateral entry, object in writing.
Frequently asked questions
Can the landlord come in without an appointment?
No. With the Mietvertrag (rental contract) you alone hold the Hausrecht (the right to decide who enters the home) over the apartment (Art. 13 GG, § 535 BGB). The landlord may only come with a concrete reason and after timely Ankündigung (advance notice). If they turn up unannounced, you do not have to let them in. The only exception is a genuine emergency such as a burst pipe.
Do I have to allow viewings (Besichtigungen)?
Only when the landlord has a berechtigtes Interesse (legitimate interest), such as a specific repair or maintenance, a meter reading, or a Besichtigung (viewing) for a planned sale or for re-letting, and even then only after Ankündigung (advance notice) and at reasonable hours. You do not have to allow anlasslose (reasonless) 'control visits' just to check that everything is fine.
How much advance notice must the landlord give?
There is no fixed deadline in the law. It comes from case law. Depending on the reason, roughly three to four days up to around two weeks of notice is usual; for urgent repairs it can be shorter (sometimes 24–48 hours). Appointments should fall on weekdays at normal daytime hours, not on Sundays or public holidays or in the middle of the night.
Can the landlord keep a key to my apartment?
No, not without your express consent. At handover they must give you all keys (§ 535 BGB). Keeping a Zweitschlüssel (spare key) is only allowed with your agreement, and even then the key does not entitle them to enter the apartment in your absence or unannounced.
What can I do if the landlord just walks in?
Unauthorised entry is verbotene Eigenmacht (unlawful self-help, § 858 BGB) and can be punishable as Hausfriedensbruch (criminal trespass, § 123 StGB). You can object to the Eigenmacht, demand return of any key, and sue for an injunction if it recurs; in serious cases unauthorised entry can even justify your own fristlose Kündigung (termination without notice). Document every incident with the date.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.