When may a landlord enter the rented flat? (2026)
Updated 6/14/2026 · HausMaus Redaktion
There is no general right for a landlord to enter the rented flat. Access is only permitted with a concrete reason (e.g. repair, meter reading, a Besichtigung (viewing) for sale or re-letting), after timely advance notice (Ankündigungsfrist) and with the tenant's consent. The basis is Art. 13 GG and § 535 BGB; the concrete notice periods come not from a single section but from case law (typically 24–48 hours for repairs, about 1–2 weeks for viewings). Unannounced entry can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB.
May a landlord simply enter the rented flat?
No. Even as the owner you have no general right to enter the rented flat. Through the lease you grant the tenant the exclusive use of the flat (§ 535 Abs. 1 BGB), so the Hausrecht (right to control who enters) rests with the tenant. The flat is additionally protected as a fundamental right by Art. 13 GG ("Die Wohnung ist unverletzlich" – the home is inviolable).
The load-bearing rule: access only for a concrete reason, after timely Ankündigung (advance notice), and in principle with the tenant's consent.
What reason justifies access?
A right of access does not flow from ownership. It exists only as the tenant's ancillary duty under good faith (§ 242 BGB, confirmed by BGH, judgment of 04.06.2014 – VIII ZR 289/13) when there is a substantive reason. Typical legitimate occasions are:
- Repair, Wartung (maintenance), upkeep (e.g. heating, damage)
- Ablesung (meter readings: heating, water, electricity)
- Besichtigung (viewing) for a sale of the property
- Besichtigung for re-letting after a Kündigung (termination)
- Preparing and carrying out a Modernisierung (modernisation)
A reasonless "routine check" is not among them.
Achtung (caution): Entering the flat without consent and without notice – even with your own spare key or while the tenant is away – is verbotene Eigenmacht (prohibited self-help, § 858 BGB) and can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB. A spare key does not entitle you to enter on your own authority.
How do I announce access correctly?
- State a concrete reason – blanket wording like "routine check" is not enough.
- Give timely notice – with reasonable lead time depending on the reason (see table).
- Propose weekdays at normal daytime hours, not Sundays or public holidays.
- Accommodate the tenant's wishes – an employed tenant may ask for a slot outside working hours.
- Document it verifiably – notice and proposed time in writing, with a date.
Reason, typical notice and limits
The periods below come from case law and legal literature, not from a single section – they are guide values and depend on the occasion in each case.
| Reason | Typical notice | Note |
|---|---|---|
| Repair / Wartung | approx. 24–48 hours | Concrete reason required; immediate in an emergency |
| Ablesung (meter reading) | a few days | Agree a time |
| Besichtigung for sale / re-letting | approx. 1–2 weeks | Limited number, no mass viewings |
| Modernisierung | approx. 3 months | § 555c BGB (announcement of modernisation) |
| Reasonless routine check | not permitted | No right of access |
| Emergency (burst pipe, fire, gas) | no notice needed | Only with immediate danger |
Common mistakes
- Entering with the spare key while the tenant is away.
- Basing access on an invalid clause for "inspection at any time" (§ 307 BGB).
- Announcing without a concrete reason or at too short notice.
- Scheduling mass viewings or appointments at unsocial times.
Mit HausMaus geht das einfacher
With HausMaus you announce a Besichtigung (viewing) or access appointment to the tenant in writing – through the messaging function to a single tenant or as a broadcast to several. This creates a dated, verifiable record of the reason and the time, which you keep in the document vault. Repairs and tradesperson (Handwerker) appointments are organised through the ticket and maintenance feature with a Handwerker directory – announced to the tenant in the same system.
Frequently asked questions
Does the landlord have a right to enter the flat at any time?
No. There is no general or reasonless right of access. Through the lease the tenant gains exclusive use of the flat (§ 535 BGB), and the flat is protected by Art. 13 GG. The landlord may only enter with a concrete reason, after Ankündigung (advance notice) and as a rule with the tenant's consent.
How much advance notice must the Ankündigung give?
The periods are not in a single statute; they come from case law and depend on the reason. Common are roughly 24–48 hours for repairs and maintenance, about 1–2 weeks for a Besichtigung (viewing) with buyers or prospective tenants, and about 3 months for a Modernisierung (modernisation). Appointments should fall on weekdays at normal daytime hours and take the tenant's reasonable wishes into account.
May I enter without notice?
Only in a genuine emergency (e.g. burst pipe, fire, smell of gas) where there is immediate danger to the flat or to other residents. Otherwise no. Entering without consent and without notice is verbotene Eigenmacht (prohibited self-help, § 858 BGB) and can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB – even with your own spare key.
May I show the flat (Besichtigung) when selling or re-letting?
Yes. With a concrete reason such as a sale or an upcoming re-let there is a legitimate interest in a Besichtigung (a tenant's ancillary duty derived from § 242 BGB, BGH 04.06.2014). But you must give timely notice, state the reason and take the tenant's scheduling wishes into account. Mass viewings or short-notice intrusions are not permitted.
Is a lease clause allowing routine inspection valid?
No. A clause letting the landlord enter the flat generally 'to check its condition' or on a routine basis is invalid as an unreasonable disadvantage to the tenant (§ 307 BGB). Only reason-based access after Ankündigung (advance notice) is permitted.
Sources
This guide is based on the statute text and official sources. You can read the cited paragraphs in the original here: