Can a landlord enter the apartment?

In a tenancy relationship, this question often arises when the owner announces that they intend to inspect the apartment, wishes to show it to a prospective buyer, or uses their spare key in the tenant's absence. May a landlord enter the apartment? As a general rule, not simply because the apartment belongs to them. During the term of the lease, the tenant has the right to use the dwelling as their home, and their privacy and possession must be respected.

A landlord may not enter the apartment at their own discretion

A landlord's right of ownership does not confer an unlimited right to enter the rented dwelling. By entering into a lease agreement, the owner grants the tenant the right to use the apartment. This means that day-to-day decision-making authority over who may access the apartment and when rests primarily with the tenant.

Accordingly, it is generally not permissible to appear at the door without prior notice, to demand immediate entry, or to enter the apartment during the tenant's absence. The mere possession of a spare key does not in itself constitute authorisation to use it. A key may be necessary in an emergency or in agreed circumstances, but it does not entitle the landlord to visit the apartment freely.

In practice, clear communication helps to prevent most disputes. The owner notifies the tenant of their intention to visit in writing, explains the reason, and proposes a reasonable time. The tenant responds within a reasonable period and, if necessary, proposes an alternative time. Both parties are obliged to act in good faith.

When may a landlord enter the apartment?

A tenant must permit the landlord to inspect the apartment where there is a justified need to do so. In legal terms, however, this does not mean an unrestricted right of access. The purpose, frequency, time of day, and manner of advance notice for the visit must be proportionate to the circumstances.

Inspection of the apartment's condition and necessary works

A landlord may have a justified need to inspect the condition of the apartment, arrange repairs, carry out a post-incident inspection, or assess whether damage has occurred to the dwelling. For example, the owner may have grounds to inspect the apartment if neighbours report a water leak, a ventilation problem, or unusual damage.

Routine inspections must not, however, become a form of surveillance of the tenant's private life. Where the apartment is in good condition and there is no specific reason, weekly or frequent inspection visits are generally not justified. A reasonable approach depends on the lease agreement, the condition of the apartment, and the actual need.

Where repair works are necessary, the tenant must generally permit access to the tradespeople. The owner must, for their part, take into account the tenant's working hours, family life, and domestic peace. In the case of longer or more extensive works, it is advisable to agree in writing on the timing and duration of the works, the arrangements for access, and how the tenant's property will be protected.

Showing the apartment to a buyer or new tenant

If the owner wishes to sell the apartment or let it to a new tenant following the expiry of the current lease, they may have the right to show it to interested parties. Here too, this does not mean that the tenant must allow people in at any moment the owner desires.

Viewings must be arranged in advance. It is reasonable to consolidate viewings into set times rather than organising them separately for each interested party. The tenant may request to be present during viewings, and the owner must avoid a situation in which an unreasonably large number of strangers visit the apartment.

Emergency and other urgent situations

Fire, a severe water leak, a suspected gas smell, or any other situation causing immediate damage or danger is an exception. In such cases, prompt action may be necessary even where the tenant cannot be reached immediately. The purpose must be to prevent or limit damage, not to carry out a routine inspection.

Once the emergency has passed, the tenant must be informed at the earliest opportunity of what occurred, who entered the apartment, and what actions were taken. If any damage was caused during entry, this must also be documented and resolved.

How much advance notice must be given of a visit?

The law does not prescribe a specific number of hours or days for every situation. Reasonable advance notice depends on the reason for the visit. For a planned inspection, repair, or viewing, the tenant must be given sufficient time to arrange their affairs. It is often reasonable to give at least a couple of days' notice, though more complex works may require a longer period.

Notice should ideally be given in writing — for example, by email or message. This creates a clear record of when the visit was requested, what the reason was, and what time was proposed. The notice should state the date, approximate time, purpose of the visit, and who will be attending the apartment.

A tenant should not simply ignore justified visits or obstruct them without good cause. If the proposed time is inconvenient, the best course is to respond promptly and suggest another reasonable time. Refusal may be justified on grounds such as illness, a young child's schedule, night-shift work, or very short notice, but persistent obstruction may in turn constitute a breach of the tenant's obligations.

May a landlord use a spare key?

A spare key may be used with the tenant's consent or in an urgent situation where delay may cause significant damage. For example, if water is flowing from the apartment into a neighbouring unit and the tenant does not answer the phone, opening the door may be justified.

Where there is no emergency and no agreement, the spare key does not give the landlord the right to enter the apartment. Entry during a period when the tenant is on holiday or at work is particularly problematic. Such conduct may infringe the tenant's right to the inviolability of their home and give rise to a breakdown of trust, even if the owner claims to have merely wished to check on something.

If the tenant wishes to change the lock system for security reasons, this should be discussed with the owner beforehand. Damaging the apartment or changing the lock system without justification may give rise to a separate dispute. At the same time, the owner cannot demand a solution that would leave the tenant without control over access to their own home.

What to do if a landlord enters without authorisation?

The first step is to record the situation calmly and in writing. Note the date, time, a description of what occurred, and any possible witnesses, and retain all messages or emails. If anything has gone missing or been damaged in the apartment, take photographs and, where possible, compile a list.

You should then send the landlord a clear written notice. Describe the fact that you had not given consent to the entry and request that future visits be agreed in advance. If the entry was due to an emergency, ask for an explanation of why entry was necessary and what actions were taken.

If unauthorised entry recurs, the owner refuses to provide explanations, or the dispute is accompanied by pressure, threats, or damage, it is advisable to seek legal advice. It is important to assess the situation as a whole: the lease agreement, the correspondence between the parties, the reason for the entry, and any potential consequences. In some cases, a well-reasoned letter of demand will suffice; in others, further legal steps must be considered.

What is worth agreeing in advance in a lease agreement?

A well-drafted lease agreement helps to prevent misunderstandings at a later stage. The agreement may stipulate how notice is to be given of planned visits, when inspections of the apartment are to take place, how repairs are to be arranged, and how viewings are to be conducted as the end of the lease approaches.

That said, a lease agreement cannot justify an unjustified infringement of the tenant's privacy. A clause permitting the landlord to enter the apartment at any time and without prior notice is incompatible with the nature of a residential tenancy and may be open to challenge. Even a signed contractual term does not automatically mean that its application is fair or lawful in every situation.

If the lease has already been concluded, there is no need to wait for a dispute to arise. An ambiguous clause can be clarified by agreement between the parties. For example, the parties may agree that routine inspections will be notified in writing at least a reasonable time in advance, and that the spare key will only be used in an emergency where it has not been possible to reach the tenant.

For the tenant, the home is not merely a rented space, and for the owner it is not merely an asset. Clear agreement, courteous communication, and reasoned conduct prevent a situation in which a routine apartment visit escalates into a costly dispute. Where the boundaries have already become blurred, Eurocity Law Office can listen to the situation, explain the available options in plain terms, and identify a practical next step.