Landlord Entered Without Permission: Is It Trespassing?
"It's My House" — When Your Landlord Just Walks In
You come home and notice: someone was in your apartment. The shoes are in a different spot, the landlord's key is on the kitchen table. Or worse: you're home, and suddenly the landlord is standing in the hallway — no announcement, no consent. "Just wanted to check on things," they say. Can they do that? No. Absolutely not.
Your Home Is Protected
The German constitution protects your home — not the landlord's, but yours (Article 13(1) Basic Law). Once you've signed a rental agreement, the apartment is your protected space. The landlord has no general right of access, even though they own the building.
Anyone who enters your apartment without permission commits Hausfriedensbruch — trespassing (§ 123 StGB), a criminal offense punishable by a fine or up to one year in prison.
When Can the Landlord Enter?
Only in specific cases — and always with your consent:
| Reason | Requirements |
|---|---|
| Viewing with potential buyers | Advance notice (at least 3–4 days), specific appointment, your consent |
| Viewing with prospective tenants | Only after lease termination, advance notice |
| Repairs / maintenance | Specific reason, scheduled appointment, your presence possible |
| Suspected contract violation | Concrete suspicion (e.g., unauthorized subletting), no general inspection rights |
| Emergency | Acute danger (burst pipe, fire, gas leak) — the only case where entry without consent is allowed |
Lease clauses like "the landlord may inspect the apartment at any time" are invalid. Period.
What to Do If It Happens
1. Document everything Note the date, time, and what exactly happened. If possible: photos of traces of entry (moved objects, open windows, key left behind). Witnesses help but aren't strictly necessary.
2. Written warning Demand in writing that the landlord stop entering. By registered mail or email with read receipt. Make clear: you reserve the right to take legal action if it happens again.
3. Change the lock Yes, you're allowed to change the lock — as long as you reinstall the original when you move out or provide the landlord with a key. Many tenants do this when the landlord has a spare key and misuses it.
4. Rent reduction Repeated unauthorized entry can justify a rent reduction. Courts have awarded 5–20% in such cases, depending on severity and frequency.
5. Criminal complaint In serious or repeated cases: you can file a criminal complaint for trespassing (§ 123 StGB). This isn't an overreaction — it's your right.
6. Termination without notice If the landlord continues entering your apartment despite a written warning, you have the right to terminate without notice (§ 543 BGB). This applies especially when the boundary violations are systematic or intimidating.
A Typical Case
A tenant in a shared apartment reports online: her landlord, who lives in the same building, regularly enters the apartment while she's at work. He checks the windows, inspects the kitchen, leaves notes with instructions. When she asks him to stop, he replies: "It's my house, I can go in whenever I want."
The tenant contacts the local Mieterverein. They confirm: the landlord is committing trespassing. After a lawyer's formal warning, it stops. The tenant reduces her rent by 10% for the affected period — successfully.
Viewings: How Often and How Long?
Even for legitimate viewings, there are limits:
- Frequency: Not more than necessary. Three viewing appointments per week is too many.
- Duration: 30 to 45 minutes per visit is appropriate.
- Notice period: At least 3 to 4 days in advance; for working tenants during the week, preferably more.
- Timing: Weekdays between 10 AM and 6 PM. Not Sundays, not evenings.
You don't have to accept every proposed appointment — but you must generally cooperate if there's a legitimate reason.
When to Get Help
If your landlord repeatedly crosses boundaries, a conversation alone is often not enough. The Mieterverein can draft a formal warning. A lawyer can assess the legal situation and, if necessary, initiate injunctive proceedings.
And as a first step: ask MieterHelfer.
Why MieterHelfer Helps with Entry Disputes
"My landlord was in my apartment without asking — what can I do?" A brief description is enough. MieterHelfer knows the current case law, explains your options, and tells you which steps make sense — instantly, free, and without registration.
Not a replacement for a lawyer — but the right first step when your privacy is being violated.