Do I have to let my landlady in?

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In general, as a tenant, you are not obliged to let your landlady into the apartment at any time, because a rented apartment is also subject to the scope of protection of Art. 13 GG. In some cases, however, you may have to let your landlady into the apartment.

Landlords have no unrestricted right of access.
Landlords have no unrestricted right of access.

Whether you let your landlady into the apartment or not does not depend primarily on the statutory provisions, but on your relationship with her. Nevertheless, you should be familiar with the most important legal framework conditions.

The landlord's right of access

  • Your landlord may enter your apartment if she has a claim to it or wants to be certain whether she is entitled to such a claim. This results from ยง 809 BGB and can be relevant, for example, if your landlady only By viewing the apartment you can determine whether you are eligible for cosmetic repairs Has. Of course, you don't have to let them into the apartment at completely unsuitable times, because this is only about a basic right of access.
  • Your landlord's right of access can also be derived from the rental contract result. If there is a corresponding regulation there, however, it must not apply across the board and for every time of day or night, because then it is invalid from the outset, cf. Section 307 of the German Civil Code.
  • Of course, your landlord has the right to enter if there is a specific danger to the apartment or to other tenants and she can only avert this danger by entering the apartment. Then you have to let them in at any time. the landlady can also enter the apartment in your absence if a specific danger could not be averted otherwise.
  • A possible entry into the apartment by your landlady will become particularly relevant if you have given notice and potential new tenants now want to inspect the apartment. Then the question of which appointments you make will depend more on the relationship with your landlady than on the legal regulations.
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Let in potential new tenants

  • Think about whether it is important to you when a prospective tenant visits the apartment too to be there yourself, or whether you trust your landlady enough to let her into the apartment alone. This can be useful when you are at work and away from home all day.
  • Then the viewing appointment should be precisely timed in your absence, and you and you should be able to ensure that potential new tenants do not walk through the apartment alone leaves.
  • If your landlady "annoys" you with frequent visits and you have the feeling that she might want to control you as a tenant, then you should speak to that.

With a good relationship with the landlord, there will be hardly any dispute about the right of access. If so, you'd better talk to your landlady in a friendly way before you swing the "paragraph club".

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