Landlord obligations: Why the tenant has the say when it comes to apartment keys

Landlord obligations: Why the tenant has the say when it comes to apartment keys

According to a report by www.merkur.de,

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 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.

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.

The landlord's obligation to hand over the keys properly and the tenant's rights regarding access to the rented apartment have an impact on the real estate market. Landlords must comply with applicable laws and obtain tenant consent, which strengthens tenant protection and can increase trust in the real estate market. Tenants, in turn, must assume their responsibility when dealing with the apartment keys, which can improve the relationship with the landlords. Overall, following these rules can help create a more harmonious and safe real estate market.