Organising a Wohnungsbesichtigung: landlord rules (2026)

What does "organising a Wohnungsbesichtigung" mean?

If you want to sell your let flat, or re-let it after a Kündigung (termination), you have to let prospective buyers or tenants into a flat that is still occupied. The load-bearing rule: the tenant must tolerate such a Besichtigung (viewing) – but only with a concrete reason, after timely Ankündigung (advance notice) and at a reasonable frequency. Unilateral entry, or a viewing in the tenant's absence, is ruled out.

Must the tenant tolerate viewings? (§ 242 BGB, BGH VIII ZR 420/21)

A right of viewing does not flow from ownership. Through the Mietvertrag (tenancy agreement) the tenant gains the exclusive use of the flat (§ 535 Abs. 1 BGB), and the flat is protected as a fundamental right by Art. 13 GG ("the home is inviolable").

The Duldungspflicht (duty to tolerate access) is a contractual ancillary duty of the tenant under good faith (§ 242 BGB). The BGH confirmed this expressly for sales: where a sale is intended, the tenant must grant access after appropriate advance notice and for a concrete substantive reason – and the tenant's interests must always be weighed (BGH, judgment of 26.04.2023 – VIII ZR 420/21). The court had already made clear earlier that there is no general, reasonless right of access (BGH, judgment of 04.06.2014 – VIII ZR 289/13).

Achtung: Having the flat shown in the tenant's absence or with your own spare key is verbotene Eigenmacht (prohibited self-help, § 858 BGB) and can be Hausfriedensbruch (trespass), a criminal offence under § 123 StGB. The tenant is also not obliged to give you or the agent a key.

How many appointments, and how long? (reasonable frequency)

There is no fixed statutory limit – what matters is Zumutbarkeit (reasonableness). Case law has produced the following guide values:

Aspect	Guide value	Source / note
Frequency	approx. 1–3 appointments per month	per the individual case; more than 3/month is routinely unreasonable
Duration per appointment	approx. 30–45 minutes	LG Frankfurt am Main (24.05.2002)
Time of day (employed tenants)	early evening, around 7–8 p.m.	LG Frankfurt am Main
Example minimum	1 appointment/month, 4 days' notice	AG Hamburg
Weekend / public holidays	as a rule not	weekdays at normal hours

Bundle prospects into a few prepared appointments instead of sending individuals across the month. That is the considerate exercise of the right of viewing that the courts expect.

What advance notice (Ankündigung) applies?

The period, too, is not in a single statute but follows from case law and the reason for access:

• At least 24 hours as the absolute floor.
• 3 to 4 days for employed tenants, so they can make arrangements.
• Around 1 to 2 weeks for larger sale or re-letting campaigns.

Always state the concrete reason (sale or re-let), propose several slots, and take the tenant's wishes into account.

Step by step: organising a viewing on solid legal ground

1. State the reason in writing – sale or re-let, not "inspection".
2. Propose slots by agreement – several options, weekdays, normal hours.
3. Give timely notice – with appropriate lead time (see above).
4. Limit the frequency – bundle prospects, 1–3 appointments per month.
5. Keep it short – 30–45 minutes per appointment is usually enough.
6. Respect privacy – no photos of the tenant's personal belongings without consent; agree listing photos beforehand.
7. Document it – keep the Ankündigung, the proposed slots and the tenant's agreement in writing, dated.

Common mistakes

• Having the flat shown in the tenant's absence or with the spare key.
• Demanding that the tenant hand over a key to an agent or to you.
• Scheduling mass viewings or more than three appointments per month.
• Insisting on weekend, public-holiday or inconvenient-hour slots.
• Naming only "inspection" as the reason instead of the concrete one.
• Giving notice too short-term, without taking the tenant's wishes in.

HausMaus makes this easier

With HausMaus you announce a viewing to the tenant straight from the messaging feature – individually or by broadcast – with the concrete reason and several proposed slots, so a dated, evidenced record is created and filed in the Dokumentenarchiv (document vault). When the re-let is on, HausMaus generates the Mietvertrag for the next tenant with checked, current clauses – and you later hand the flat over with a digitally signed Übergabeprotokoll (handover inspection record). Wohnen, geregelt. (Home, handled.)