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6 Comments
[deleted]
Short answer, No. As long as the rental contract is running no one is alowed to enter your rooms without your permission not even the owner.
That paragraph isn’t legal because it doesn’t define a reason for allowing entrance. Such a squishy phrasing doesn’t hold up. Your landlord (outside of emergencies) has to give you a notice in advance. Also there’s no reason to hand them a key – you should get all keys and never give them to your landlord.
If you’re away for a longer period of time, hand your key to a trusted family member/friend/neighbor, so that they can open the door if necessary.
No, not legal and can be ignored.
I find it odd how people interpret this. It doesnt say anywhere that you are supposed to leave the key with your landlord or that they want to have access to the apartment at any time. it simply says that if you are not in the apartment for longer than 7 days that you are meant to leave your key with someone close by and notify the landlord about the location/person with the key.
it is a very odd paragraph and I’ve never seen it before. In this phrasing it probably is not legal as it isn’t clear enough. If you sign it, it just doesn’t have any effect. You are in no way obligated to give anyone any of your keys and your landlord is not allowed to keep any of the keys to your apartment.
The only way this paragraph makes any sense to me is that they might have had an issue with a previous tenant who had been absent for a few weeks during which a pipe burst or smth and noone could access the apartment. In extreme cases the landlord is allowed to force entry though.. maybe they just try to make it easier for them.
The only negative consequence for you in any scenario could be that you might be liable for damages to the apartment that occure while you’re not there and that could’ve been prevented if you had given your keys to someone close by. But that could even be the case without the paragraph under certain circumstances.
In short: 99% not legal. it’s just void and won’t have any effect even if you sign it.
my advice: just ask the landlord about the paragraph because you find it a little unclear. ask if there is a backstory to it and then just sign it. german courts are crazy tenant friendly and nothing will come from it. in any case, it’s always good to have someone close who can access your apartment in your own interest.
No. But you can sign it anyways, this paragraph is invalid because it’s illegal.
If I were you, I’d replace the lock when moving in. A landlord who writes such a contract will likely keep a spare key (which is also illegal). Just keep the original lock so you can put it back when you move out.