Sniffing prohibited

Can a tenant simply throw their landlord out? Yes, they can – at least if the landlord has no legitimate reason to enter the apartment. But where does the tenant's right to privacy end and where does the landlord's right begin?

While the landlord's desire to inspect the condition of the rented apartment is understandable, it is not permitted. Their right to inspect the property ends where the tenant's right to control access to their home begins.

The right of possession, also known as the right of occupancy, is enshrined in the German Civil Code (BGB) and protects the residents of a property in their freedom of movement and self-development. When the property is rented, this right is transferred from the owner to the tenant.

Gentle force is permitted.

The right of possession encompasses the fundamental right to protection of one's living space (domestic peace). The owner or occupant of an apartment or house is free to decide who is granted access and can refuse entry to unwelcome visitors or even issue a ban. Should the guest refuse to leave, a certain degree of force is even permitted in the sense of self-defense. This was the case in a ruling before the Federal Court of Justice

Under the pretext of wanting to verify the proper installation of a smoke detector, a landlady inspected all the rooms in the apartment. The tenant resisted the intrusion and showed her the door. When the landlady refused to leave, the tenant simply grabbed her with both arms and carried her out – a decision upheld by the Federal Court of Justice (BGH, VIII ZR 289/13), because anyone who enters a resident's apartment against their will is committing trespassing, a criminal offense that, if reported, can result in imprisonment of up to one year (§ 123 StGB).

Legitimate interest.

The situation is different if, for example, the landlord wants to take care of the maintenance of the apartment or show the apartment to prospective tenants; then he has a legitimate interest in entering the apartment – ​​after prior arrangement of an appointment.

The landlord may enter the apartment unannounced in urgent emergencies, such as a burst water pipe, to prevent further damage to the building structure. However, the landlord may only have a second key to the apartment if the tenant permits it.

Code of conduct for visitors.

A brief digression is in order here: The right of the homeowner to set rules of conduct for visitors is even permitted, regardless of whether the rules are sensible or not. For example, most guests will surely accept that they are not allowed to enter the apartment with shoes on. Theoretically, however, the host could even demand that these shoes be polished to a high shine and worn with a suit, tie, and collar on Sundays and public holidays. But then things would probably get very quiet around him…

Sources: berliner-mieterverein.de, juris.bundesgerichtshof.de, haus-und-grund-bonn.de, haufe.de, ratgeber.immowelt.de