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Rights and obligations of the landlord during viewings

When and how must I inform my tenant of planned viewings? We provide answers.

The answer in detail

Tips on obligations and rights as a landlord when inspecting the property

What rights and obligations do I have as a landlord for viewings?

The tenant has the right of use for the rental property. The landlord (owner or administration) may only enter the tenant's apartment following provision of advanced warning and if this is necessary for the maintenance, sale or re-letting purposes – though in the latter case, only in the event of a rental contract termination or shortly before expiration of a temporary rental contract. To minimize the disturbance for the tenant, the landlord should invite parties interested in renting or buying the property to a single viewing. To preserve the interests of the tenant, they must be given enough time for the appointment or to make the necessary preparations.

Is the landlord allowed to enter the apartment unannounced?

This is only allowed if there is an apparent, acute danger for the rental property. For example, if a water pipe has burst or there is a risk of fire. If there is no such risk, then the landlord makes themselves guilty of trespassing.

What should be done if the tenant is absent for a longer period of time?

In this case, the landlord should be notified and provided with a second key. It may create problems if the tenant cannot grant access for a longer period of time. If the landlord has a justified interest in a viewing or must access the apartment because of an acute danger and the tenant cannot ensure access, then the tenant can be held liable for any damage or loss arising from this (e.g. water damage that puts apartments located below at risk). 

A sample viewing notification can be downloaded below.

Important documents
Besichtigungsankündigung Vermieterschaft Vorlage