Hi,
I am having a bit of problem with my landlord, and I was wondering what exactly there rights are to come into the apartment.
I understand that they can not come in at all without my permission (but what about in an emergency), but do they have to give notice and what about when people need to do work in the apartment?
Any advice would help.
Jason
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Landlord rights
You may want to do a search here plus Toytown as there are several threads regarding problem landlords.
if you have insurance than meet with a lawyer.
if you have insurance than meet with a lawyer.
Join the "Mieterverein"
If renting in Germany, you will need their help at some stage or another ...
If renting in Germany, you will need their help at some stage or another ...
We had problems with a landlady, so we agreed with her to put a spare key in an envelope for emergencies, SEALED and signed on the seal by both of us.
That way, if she'd been in the flat without our permission we could see.
It worked. She never did it again. But yes, it's illegal.
That way, if she'd been in the flat without our permission we could see.
It worked. She never did it again. But yes, it's illegal.
The landlord/landlady is not allowed into your flat/apartment without your permission, but he/she does have the right to inspect the flat for damage, if he/she informs you in advance. This is limited permission, not weekly or monthly. Reportedly, he/she can bring one witness, but no more. I understand he/she is not allowed to take photos...
You may have to register the problem with a lawyer, so you have a leg to stand on in the future. You might be able to register a complaint with the police, and use a clause in the new stalker laws, but that is all a bit over the top and only a suggestion which is not based on hard facts. The word Belästigung could be used against them legally.
The suggestion to join the Mieterverein is the best one. As mentioned in a previous thread, I believe you have to be a member for one year before you can take legal action using their system... this stops abuse.
The rest is below. If you don't understand German well, you'll need help with these links.
The links are German.
Translate: click >>>
If the flat is being sold by the landlord, certain rules have to be followed: click >>>
During the time you are in the flat:
The German text below is from this page: click >>>
See top of page for A-Z links and more tips.
You may have to register the problem with a lawyer, so you have a leg to stand on in the future. You might be able to register a complaint with the police, and use a clause in the new stalker laws, but that is all a bit over the top and only a suggestion which is not based on hard facts. The word Belästigung could be used against them legally.
The suggestion to join the Mieterverein is the best one. As mentioned in a previous thread, I believe you have to be a member for one year before you can take legal action using their system... this stops abuse.
The rest is below. If you don't understand German well, you'll need help with these links.
The links are German.
Translate: click >>>
If the flat is being sold by the landlord, certain rules have to be followed: click >>>
During the time you are in the flat:
The German text below is from this page: click >>>
See top of page for A-Z links and more tips.
QUOTE
Besichtigungsrecht: Der Vermieter hat, auch ohne dass es ausdrücklich im Mietvertrag steht, das Recht, in angemessenen Zeitabständen die Wohnung zur Prüfung ihres Zustandes zu betreten. Aber er muss von seinem Recht zur Besichtigung der Wohnung in zurückhaltender Weise Gebrauch machen und sich rechtzeitig anmelden. Beispiele: Um sich ein Bild von mieterseitig beanstandeten Mängeln zu machen, kann der Vermieter die Wohnung zusammen mit einer Person seines Vertrauens besichtigen. Eine größere Personenzahl ist aber ebenso wenig hinzunehmen wie das Anfertigen von Fotos in der Wohnung (AG Schöneberg, 15/11 C 592/03, Urteil vom 18.5.2004, GE 2004,822). Bei geplanter Fenstermodernisierung muss der Vermieter begründen, warum ein Sachverständiger die Wohnung zwecks Erstellung eines Gutachtens betreten muss (AG Hamburg 37b C 272/01, Urteil vom 18.10.2001). Wenn die Wohnung verkauft werden soll und Interessenten zur Besichtigung kommen möchten: Für diesen Fall enthält das Merkblatt Nr. 5 - "Richtiges Verhalten bei Wohnungsbesichtigungen" wichtige Tipps.
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