The question of whether the landlord can have a spare key to the apartment is a problem faced by many tenants and property owners. At first glance, this is a small thing, but it can significantly affect the feeling of privacy in housing. The basic rule is surprisingly simple, but it is often broken.
The relationship between landlord and tenant is based on trust, but also on clearly defined . As soon as the apartment is handed over to the tenant, he gets the full right to use it and decide who enters it. Nevertheless, in practice it often happens that the owner keeps a spare key “just in case”. But this is where most misunderstandings arise.
What does the rule say about the spare key
The landlord may have a copy of the key, but only under very limited conditions. They may never use it to freely enter the apartment without the tenant’s knowledge. For the duration of the lease, the apartment is used by the tenant and he has the right to full privacy. Any entry without the tenant’s consent is therefore an infringement of his rightseven if the landlord has the key.
However, there are situations where entry into an apartment may be justified. These are, for example, accidents, acute technical problems or situations where there is a risk of damage to property. Even in these cases, however, the lessor should inform the lessee in advance, if the circumstances permit.
It is also important that the law does not require the landlord to have the key. In many cases, it is therefore recommended that the key be kept by a trusted person or used only after agreement with the tenant.
When can the landlord enter the apartment
Entering the apartment without the consent of the tenant is possible only in exceptional situations. Typically, these are water, gas or electricity accidents, when it is necessary to prevent major damage. In such cases, intervention can be quick and without prior notice, but must always be truly justified.
In other cases, the lessor is obliged to inform in advance and arrange a visit date. No one has the right to enter the apartment without the consent of the tenantand therefore not even the owner of the property. Violation of this rule can therefore lead to serious legal consequences.
Tenant privacy is key
From the point of view of law and common cohabitation, the apartment is the home of the tenant for the duration of the lease. Although the landlord remains the owner, his right is limited by the lease agreement. Respect for privacy is therefore essential for a smooth relationship between both parties and prevents unnecessary conflicts.
