As of: February 7, 2024, 10:54 a.m
By: Marco Blanco Ucles
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Contrary to some claims, it is not legal for a landlord not to hand over all the apartment keys to the tenant.
The tenant has the final say.
When a new tenant moves in, landlords often want to keep a key when handing over the keys for security reasons so that they can get into the apartment in an emergency.
That sounds entirely plausible, but legally the tenant has more leverage in this regard, as Jutta Hartmann from the
German Tenants' Association
explains
to
chip.de.
“The tenant must be given all of the apartment keys that the landlord has.”
The landlord must always obtain the tenant's permission
The apartment landlord is not allowed to keep the tenant's spare key if the tenant does not want it.
© Shotshop/IMAGO
The only exception, of course, is if the tenant expressly allows the landlord to keep a key.
However, the internet portal
objego
warns landlords not to enter the tenant's apartment under any circumstances without their knowledge.
In this case, the landlord is guilty of trespassing, which can justify termination without notice by the tenant.
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Tenant must ensure access to the apartment in an emergency
If the tenant has locked themselves out and has not left a spare key outside the apartment, they must cover the costs for the locksmith service.
The same applies if the tenant has unfortunately lost his key and can no longer get into the apartment.
After all, it’s not the landlord’s fault that the key was lost.
In principle, it is always advisable to leave a spare key with a friend or family member who lives near the apartment.
However, if the lock is defective, the landlord usually has to bear the costs for the locksmith service.
If you need a locksmith, you should always contact your landlord or caretaker first.
If you cannot reach both of them, you can call the locksmith with peace of mind as it is an emergency.
Also interesting for tenants: Tenants may be allowed to stay in the apartment even when they need it for themselves.