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Landlords must give advance notice of an apartment inspection.
© Tobias Hase / dpa
The doorbell rings.
The landlady asks to be let in because she wants to view the apartment.
But she's not allowed to do it quite so spontaneously.
And it must also have a valid reason.
Munich - “Pure curiosity, for example to see how a tenant has furnished the apartment, is not a legitimate reason for viewing an apartment,” explains Jutta Hartmann from the German Tenants’ Association.
Here are the seven most important points that tenants and landlords should know when viewing an apartment.
1. Reasons
Often it is about the apartment or house being sold.
In such cases, tenants have to accept that the apartment is inspected by the landlord and prospective buyers in their presence.
Other reasons could be:
a planned modernization,
the landlord wants to get an idea of the property before re-letting it,
the landlord would like to inspect the rental property due to defects reported by the tenant,
The landlord suspects that the tenant is not fulfilling his duty of care - for example if there is a bad smell coming from the apartment.
2nd appointment
According to case law, the landlord only has to announce the appointment in good time.
“A usual deadline is often one to two weeks,” says Annett Engel-Lindner from the German Real Estate Association.
In urgent cases (e.g. due to repairs), the announcement can also be made 48 hours in advance or ad hoc.
3. Can the landlord inspect the apartment without the tenant's consent?
If the landlord does not have the consent of the tenant, e.g.
B. If you view the apartment in their absence, you are committing trespassing.
This can be punished with a prison sentence of one year or a fine.
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4. Does every room have to be accessible?
If there is damage reported by the tenant, the rooms affected by the damage should be accessible.
If the apartment is to be rented or sold, all rooms must be accessible.
It doesn't necessarily have to be tidy, but: "A room shouldn't be cluttered with furniture that makes it impossible to view," says Hartmann.
5. How long can a viewing last?
It depends on the individual case.
If the apartment or house is to be sold, a viewing can take 30 to 45 minutes, says Jutta Hartmann.
6. The landlord sends a representative
As a rule, landlords also have the right to commission third parties to inspect the rented apartment.
This can e.g.
B. be a real estate agent or a craftsman.
7. Can tenants refuse the inspection?
Tenants can refuse this not only if landlords come over spontaneously and without a good reason, but also if the inspection takes place unreasonably frequently - for example several times a week or regularly every month.
Tenants can also say no to viewings at inappropriate times.
This is e.g.
This is the case, for example, at night or when the tenant is ill - unless there is an emergency, such as a burst water pipe in the apartment above.