For landlords it is sometimes difficult to let the tenant take the reins for an apartment. But he is allowed to keep a second key for?
Is it possible to have a second key for a rented apartment to withhold? This question will deal with a landlord, when it comes to carry out repairs or if the tenant for a period of time in the holidays. The tenant, however the idea is likely to enjoy little that the landlord could at any time in the apartment. Therefore, the matter is clearly regulated.
Must keep the landlord a duplicate key to the apartment?
"The landlord is allowed to keep basically no second key for the apartment for rent ," says Ulrich Ropertz, managing Director of the German tenants Association. That is to say, box with all of the keys - not only home - and apartment key, but also the cellar, letter, and garage keys must be handed to the tenant at the time of Handover of the apartment. The landlord is not "must be retained " a second bowl.
About the upper land court of Celle, in a decision of 5. October 2006 (Az. 13 U 182/06) judged. Accordingly, a landlord allowed to keep without the consent of the tenant, no apartment keys . Without the consent of the tenant, the landlord is not allowed to enter the apartment, because at the conclusion of the lease the ownership of the apartment to the tenant. Trespassing falls under the violation of the privacy of the tenants (district court of Heidelberg, judgment of 06.11.1975, Az. 23 C 144/75).
interesting : man offers apartment, the owner of the Hotel-Portal and pays no rent.
there Are situations in which a second key for the landlord to make sense?
The landlord is not entitled to a second key, but for the emergency, both parties can develop a Plan. The tenant is, for example, in the holidays, he should be the key with a trusted person Deposit . He does not want to leave the spare key to the landlord, this can also be a related Person. "It belongs to the duty of care of the lessee, to keep the key in case of prolonged absence when a neighbour or friend," explains Ulrike Kirchhoff, Chairman of Haus & Grund Bavaria.
Should be preserved, the second key for a short period of time with the landlord or he may enter in case of emergency, the apartment, should give the tenant this is written permission . Otherwise, the landlord may have the Look (the higher regional court of Celle, decision of 05.10.2006, Az. 13 U 182/06).
What happens if the landlord retains a key?
"A duplicate key without the Knowledge of the lessee to withhold or to enter even the apartment, not the family," explains Kirchhoff. The landlord refuses the key, you can replace the tenant at the expense of the lessor for the duration of the lease of the castle (district court of Cologne, judgment of 18.02.1994, Az. 217 C 483/93).
also read : survivors don't have to take off after the death of the tenant.
