November 14, 2022, 2:03 pm | Read time: 5 minutes
If you are a landlord, you naturally want to know from time to time how your apartment is doing and whether the tenant is treating it well. Can the landlord enter the apartment without notice?
Landlords often wonder how their rental properties are being treated, as it is their property. Are there pets? Is smoking allowed? Is the apartment generally well-maintained? Some landlords might like to play the role of a fly on the wall or enter the apartment unannounced. But it’s not that simple! A “control visit” is not easily possible. myHOMEBOOK consulted an expert on the legal situation.
Overview
Can landlords enter the apartment just like that?
There is no general right for landlords to inspect the apartment at regular intervals, explained Anja Franz from the Munich Tenants’ Association. Even a clause in the lease granting the landlord this right is invalid, according to Franz. This is supported by a ruling from the Federal Court of Justice (BGH, Case No.: III ZR 289/13).
Thus, the tenant’s privacy is legally valued higher than the landlord’s interest in checking the condition of their property. During the lease term, the tenant has the sole, unrestricted right to use the apartment.
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Under what exceptions can the landlord enter the apartment?
The landlord may only enter the rental apartment if there is a specific and justified reason. “In emergencies, when there is imminent danger, such as a burst pipe or fire, the landlord may enter the apartment after unsuccessful attempts to contact the tenant, even if the tenant is not at home,” explains Franz.
“Justified reasons include repairs or the preparation of modernization measures,” says Birgitt Faust-Füllenbach. The lawyer at the Homeownership Consumer Protection Association adds: “The search for causes of damage, such as mold infestation, is also included.”
Otherwise, the landlord must notify visits seven to ten days in advance and provide three alternative dates. How far in advance the visit must be announced depends significantly on the urgency. If the tenant is unavailable on those days, they must propose alternative dates.
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When must tenants allow access to the apartment?
Landlords may enter the rental apartment if they have a justified suspicion of a breach of contract, such as unauthorized pet ownership or subletting. Generally, landlords may also show the apartment to potential buyers or new tenants.
If there are compelling reasons, the tenant cannot refuse the landlord’s visit. They are obliged to grant access to their apartment after appropriate notice. “If they refuse, it is a violation of the lease obligations. If the landlord suffers damage as a result, the tenant may be liable,” explains Faust-Füllenbach.
The landlord can also enforce their right through a lawsuit in the district court. “If successful, the landlord can enter the apartment, if necessary, accompanied by a bailiff,” says the lawyer. In urgent cases, an expedited procedure is possible. But both parties should avoid letting it come to that.
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Is termination possible if you don’t let the landlord in?
If a tenant unjustifiably refuses a viewing, the landlord generally has the right to terminate the lease without notice, according to the Berlin Tenants’ Association. The Federal Court of Justice has also ruled on this (Case No.: VIII ZR 221/09). Whether a breach of tolerance obligations is severe enough to justify an extraordinary termination must always be decided on a case-by-case basis.
There is often disagreement about whether landlords can photograph the rental apartment when entering it, for example, to offer it for sale online. “This is not allowed without the tenant’s consent,” emphasizes Faust-Füllenbach. Exception: taking photos to document damage for expert assessment.
Can the landlord deposit an emergency key?
There are uncertainties regarding keys as well. Some landlords simply keep an emergency key to the rental apartment. “That’s not allowed,” says Faust-Füllenbach. “The tenant has the right to all the apartment keys.”
However, if tenants are absent for an extended period, they should ensure that the landlord can access the apartment in an emergency. “It’s best to leave the name and address of the person holding the apartment key for such cases,” advises Franz.
If the landlord insists on keeping a key, the tenant can agree and later change the lock. “However, they must restore the original condition upon moving out.” If the landlord enters the tenant’s apartment without permission in their absence, it is not just a minor offense. “It is generally a criminal offense, as it constitutes trespassing,” Faust-Füllenbach clarifies.
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