Can my landlord enter my flat?
Only with notice and a reason. On signing the lease, the domestic authority passes entirely to you — you decide who enters your flat. The landlord has no general right of access, even if he owns the building and holds a key. He may only enter for a concrete reason (e.g. urgent repair, meter reading, viewing with prospective tenants), must give timely notice (courts generally require at least 24 hours) and needs your consent. He may not use a spare key on his own initiative.
📋 The rules
- With the lease, domestic authority lies with the tenant
- No general right of access for the landlord — not even with a key
- Access only for a concrete reason (repair, meter reading, viewing)
- Notice required — courts usually demand at least 24 hours
- Without consent no entry; forcing it can be trespass (§ 123 StGB)
🔓 Exceptions
- Acute danger (fire, gas leak, burst pipe): entry allowed even without consent
- Appointments in your absence only with express permission
- Recurring meter readings are normally announced in good time
⚠️ Penalties & fines
If the landlord enters unannounced or even with a spare key, he violates your domestic authority — which can amount to the offence of trespass (§ 123 StGB). In serious cases it justifies the tenant's termination without notice plus compensation. Conversely, if you refuse legitimate, announced access without reason, the landlord can sue to compel it.
📎 Official sources
- § 123 StGB · Trespass →
- German Tenants' Association · May the landlord enter the flat? →
- anwalt.de · Right of access and keys in tenancy law →
❓ Frequently asked
Can the landlord just come in?
No. With the lease, domestic authority lies with you. The landlord has no general right of access — not even if he owns the building or holds a key. He needs a concrete reason, advance notice and your consent.
How much notice must he give?
In good time — courts generally require at least 24 hours, and often more for viewings. The reason and time should be stated clearly, and the time must be reasonable for you (e.g. weekdays at usual hours).
Can he keep and use a spare key?
Normally he may not keep a key without your consent, and certainly not use one on his own initiative. Entering with a key without permission can be trespass and entitle you to terminate without notice.
When may he enter without notice?
Only in acute danger — such as fire, a gas smell or a burst pipe during your absence, to limit major damage. Outside such emergencies he always needs notice and consent.
Must I allow viewings or repairs?
Yes, if they are legitimate and announced. For repairs, meter readings or viewings with prospective buyers/tenants you must allow reasonable appointments. The landlord can enforce a baseless refusal in court.
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