Enter rented apartment without tenant's knowledge

32 posts in this topic

Dear forum members,

 

I tried to find an answer to my below case in this forum, but without much success; hence this new topic.

 

To make a long story short, my building maintenance firm (water and heating) entered into my rented apartment without my knowledge or approval due to some water pipe work in the building. 

 

They called me (I could not speak though) and emailed me this morning at 7am that they wanted to check my flat's water pipes but I was not there. 30 min later, they sent me SMS and email saying that they entered my flat with police presence and that I can pick my new flat's keys from the police station.

 

This naturally angered me given that they enterred the flat without my approval. I also informed them sometime ago that I would not be in the flat for some time. 

 

I called the landlord and supposedly he knew that they entered my rented flat, but he did not alert me beforehand.

 

Is this (entering rented flat without tenant approval) legal in Germany please? If so, why?

 

Thank you and look forward for your valuable comments!

J.

0

Share this post


Link to post
Share on other sites

They are of course allowed to enter if there is an emergency, such as fire or water leakage.  And he did try to contact you, as you said.  

7

Share this post


Link to post
Share on other sites

Thanks snowing again!

11 minutes ago, snowingagain said:

They are of course allowed to enter of course if there is an emergency, such as fire or water leakage.  And he did try to contact you as you said.  

Thanks snowing again!

 

As far as I am aware there was no emergency life threatening event , but some building work.

 

Calling or leaving a message does not mean formal approval I assume. 

 

Also, who in such case can vouch for the security and safety of tenant's belongings in the flat?

0

Share this post


Link to post
Share on other sites
5 minutes ago, Ich bin berliner said:

Calling or leaving a message does not mean formal approval I assume. 

 

Your formal approval was obviously not necessary. If you pick up your key from the police, they will be happy to explain the legal basics.

0

Share this post


Link to post
Share on other sites
7 minutes ago, Ich bin berliner said:

Thanks snowing again!

Thanks snowing again!

 

As far as I am aware there was no emergency life threatening event , but some building work.

 

Calling or leaving a message does not mean formal approval I assume. 

 

Also, who in such case can vouch for the security and safety of tenant's belongings in the flat?

 

A water leak (real or potential) is considered an emergency.

 

As you said, the Polizei accompanied the workers.

 

You have no legal basis for complaint.

4

Share this post


Link to post
Share on other sites

 

9 minutes ago, Ich bin berliner said:

who in such case can vouch for the security and safety of tenant's belongings in the flat?

the police?

 

I understand your general concern, but this sounds a bit more urgent and legit than your landlord or similar coming in just to poke around.  The fact that the police were called in supports the notion that this wasn't some willy nilly entry.

5

Share this post


Link to post
Share on other sites

They had to come in our flat once while we were sailing in the Adriatic. They did call for permission. There was a water problem with our next door neighbor and they needed to clear out our Abstellraum and drill through. Turned out to be unnecessary and they left a big fucking mess but we understood why they needed to do it.

2

Share this post


Link to post
Share on other sites
1 hour ago, Space Cowboy said:

 

A water leak (real or potential) is considered an emergency.

 

As you said, the Polizei accompanied the workers.

 

You have no legal basis for complaint.

Thanks space cowboy.

 

Hm so it seems it's every easy in Germany to call a police and say e.g. there is water issue in neighbors flat and police will gladly open (aka break in) the neighbors door. And no ground for complaint.

 

This is indeed frightening. 

1

Share this post


Link to post
Share on other sites
2 hours ago, someonesdaughter said:

 

Your formal approval was obviously not necessary. If you pick up your key from the police, they will be happy to explain the legal basics.

Thanks !

 

So this is how federal democracy works here - one way only.

0

Share this post


Link to post
Share on other sites

In which country isn't a landlord or their agents allowed to enter a flat to prevent (further) damage to either the flat or its surroundings ? I have to admit it's odd the police was there, but if you told your landlord that you were away for some time, it's not like waiting for your reply would have made much difference as you were unlikely to be around in any sensible time frame.

5

Share this post


Link to post
Share on other sites

You are being a bit over-dramatic.  No one „broke in;“ they entered legally in response to a potential problem that could have had major negative effects - for you.

 

If there had been a water leak and all your stuff was ruined because they didn’t enter, you would likely be here bitching about their irresponsible behavior.

 

There is no place in the world where an emergency doesn’t entitle emergency responders to enter someone’s home.

 

Bandying words like „frightening“ and intimating that this is some sort of dictatorship is ridiculous.

6

Share this post


Link to post
Share on other sites
Just now, fraufruit said:

One can only wonder what you had in there. B)

Human personal belongings as each one of us has..but again these personal staff that have been exposed to 3rd parties without owners being around. Very normal human being feeling I think :)

0

Share this post


Link to post
Share on other sites
4 minutes ago, Space Cowboy said:

You are being a bit over-dramatic.  No one „broke in;“ they entered legally in response to a potential problem that could have had major negative effects - for you.

 

If there had been a water leak and all your stuff was ruined because they didn’t enter, you would likely be here bitching about their irresponsible behavior.

 

There is no place in the world where an emergency doesn’t entitle emergency responders to enter someone’s home.

 

Bandying words like „frightening“ and intimating that this is some sort of dictatorship is ridiculous.

...and maybe I have experienced such 'dictatorship' in the past and know well how it feels if someone 'enters (kindly)' ones flat .

 

Thanks though for your valuable comments. I acted more from being a human being.

 

Assume you would have raised similar concerns if someone entered your flat...

0

Share this post


Link to post
Share on other sites

OP- this was your building maintenance, not a nosey  neighbour!

You said they tried to speak to you, and then sent an email. 

Do you have any idea how far water could leak into parts of the building?! 

They called police to allow them to enter, and seem to have followed rules.

Be glad that they are checking on maintenance.

 

2

Share this post


Link to post
Share on other sites
12 minutes ago, Ich bin berliner said:

 

 

So this is how federal democracy works here - one way only.

 

BS. I repeat myself: If you pick up your key from the police, they will be happy to explain the legal basics. 

 

I doubt, by the way, that in the Scandinavian country you claim to come from, the police have to wait for a tenant's permission before entering the apartment in an emergency. 

0

Share this post


Link to post
Share on other sites
8 minutes ago, fraufruit said:

One can only wonder what you had in there. B)

 

no kidding.

 

I learned the hard way to always, ALWAYS put my vibrator away as you just never know.

 

kinda like always wearing clean undies just in case you get hit by a bus.

8

Share this post


Link to post
Share on other sites
2 minutes ago, someonesdaughter said:

 

BS. I repeat myself: If you pick up your key from the police, they will be happy to explain the legal basics. 

 

I doubt, by the way, that in the Scandinavian country you claim to come from, the police have to wait for a tenant's permission before entering the apartment in an emergency. 

This was not an emergency. Neighbors knew of such maintenance days ago ( as they informed me) but noone informed me back then. Surely better to feel happy than sorry in case of serious damage. 

0

Share this post


Link to post
Share on other sites
4 minutes ago, RedMidge said:

OP- this was your building maintenance, not a nosey  neighbour!

You said they tried to speak to you, and then sent an email. 

Do you have any idea how far water could leak into parts of the building?! 

They called police to allow them to enter, and seem to have followed rules.

Be glad that they are checking on maintenance.

 

Rules ? Do you have a link to such formal  rules? I surely need to catch up on my civil rights and rules so next time I do not freak out like I did now :)

0

Share this post


Link to post
Share on other sites
1 minute ago, Ich bin berliner said:

This was not an emergency. 

 

Are you somehow related to her?

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now