Viewing of the apartment by new tenants

With the conclusion of the rental agreement and the handover of the apartment to the tenant, the landlord loses the domiciliary rights to which he was exclusively entitled within the apartment. Then the landlord is no longer entitled to enter the apartment against the will of the tenant.

The starting point is the balancing of the parties' interests

• If a new tenant to view an apartment is up for discussion, the spheres of interest of tenant and landlord collide. Here it is important to find an appropriate balance of interests. On the basis of the rental agreement, both parties are obliged to take the other party's interests into account.
• The landlord is to be granted that he would like to rent out the apartment seamlessly after the previous tenant has moved out and is dependent on the apartment viewing by new tenants during the rental period of the previous tenant enable. On the other hand, the tenant is interested in not having to continuously organize an open day and having to put his own interests aside.
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Visits to apartments are often regulated by rental contracts

• in the rental contract there is often a regulation that regulates when the landlord is allowed to enter the apartment. This regulation mostly concerns emergencies (water pipe burst when the tenant is absent), but also in the event that the tenant does Tenancy has given notice and is moving out and new tenants should be able to view the apartment.
• The case law therefore grants the landlord the right to inspect the apartment by new tenants, provided that he announces the inspection beforehand. In doing so, he may only expect the right to visit during the customary visiting hours. These are usually determined on weekdays between 10 a.m. and 1 p.m. and between 3 p.m. and 6 p.m. In exceptional cases, access can also be requested on Sundays and public holidays between 11 a.m. and 1 p.m.


Change of tenant - what landlords should consider

A change of tenant always means an organizational effort for the landlord. Ever ...

• An announcement time of at least 24 hours is expected. The tenant's interests must be taken into account. If he is working, the appointment cannot be made overnight. Conversely, the tenant has to somehow make it possible to view the apartment despite his or her professional activities. The case law says that the landlord may only make use of his viewing rights in a "gentle way".

New tenants are also moving out somewhere

• Both old and new tenants need to take into account that they are moving out somewhere and maybe somewhere again want to move in and then rely on a viewing right and thus the good will of the remaining tenant are.
• The landlord should also be interested in the timely announcement. This is the only way to ensure that the apartment is tidy and that the tenant is not unpleasantly surprised. The visual and emotional impression of the surroundings therefore shapes the interest of the prospective tenant.
• In any case, tenants are not obliged to be available around the clock. It is enough if they are ready once or twice a week. In a decision by the Hamburg District Court (43 bC 1717/91) the right to visit was granted to one per month Visits from 6 p.m. to 8 p.m. are shortened after the tenant has completed over 50 visits within 18 months had to.

In general, it should be noted that both parties must be considerate of each other and ideally at least Make an appointment a week along with an alternative appointment for new tenants to view the apartment.