HausMaus

Tolerating Apartment Viewings as a Tenant (2026)

Updated 6/14/2026 · HausMaus Redaktion

Key points

If your landlord plans to sell or re-let, you have to tolerate viewings – but only within reasonable limits. No statute sets a fixed notice period; from the case law on Art. 13 GG and § 535 BGB the standard is: timely notice (typically around 3–4 days, at least 24 hours), reasonable hours and a limited frequency. Courts treat roughly three appointments a month as reasonable; more than that is usually too many. Appointments are arranged by agreement – you do not have to accept any unannounced or unilateral entry.

What does "tolerating a viewing" mean?

If your landlord wants to sell the apartment or re-let it after your Kündigung (termination), they may show it to prospective buyers or tenants – and you have to allow these Besichtigungen (viewings) within reasonable limits. That is your Duldungspflicht (duty to tolerate access). It is not a blank cheque, though: once you have signed the Mietvertrag (lease), you hold the sole Hausrecht (the right to decide who enters) over the apartment (Art. 13 GG, § 535 BGB). You alone decide who comes in, and when.

The load-bearing fact first: there is no dedicated statute for viewings and no fixed notice period in the law. Both come from case law. The resulting standard is: timely notice, reasonable hours and a limited frequency – appointments by agreement, no unilateral entry.

When may the landlord view at all? (§ 535 BGB)

The landlord needs a legitimate interest (berechtigtes Interesse). For viewings, that is mainly:

  • A planned sale – to show the apartment to prospective buyers.
  • Re-letting – when the tenancy has been terminated and a successor is being sought.

Without such a concrete reason there is no right of access. A clause in the Mietvertrag granting the landlord a general or reason-free viewing right is invalid – the Bundesgerichtshof (Federal Court of Justice) has made clear that the landlord has no general right of access (BGH, judgment of 04.06.2014, VIII ZR 289/13).

How often and how long must you tolerate viewings?

This turns on Zumutbarkeit (reasonableness): the apartment may be entered only as often as truly necessary. The courts give guideline values:

  • Frequency: roughly one to three appointments a month with pre-selected prospects are treated as reasonable. More than three appointments a month is generally unreasonable.
  • Duration: a single appointment should stay manageable. The LG Frankfurt am Main held three appointments a month between 7 and 8 pm, each lasting no more than 45 minutes, reasonable for a sale (for a tenant in employment).
  • Mass viewings with many prospects at once, or a constant stream of new appointments in quick succession, you do not have to accept.

What notice can you require?

No paragraph sets a fixed deadline. Case law treats the following as customary:

  • Standard: around three to four days' notice.
  • Exceptional case: for tenants not in employment, 24 hours' notice may suffice.

Appointments should fall at reasonable hours: weekdays at usual daytime hours, not on Sundays or public holidays, and not early in the morning, late in the evening or in the middle of the night. People in employment may require that appointments be placed in their off-hours.

Achtung: A Duldungspflicht does not mean you must submit to everything – but it does mean you may not block announced, reasonable appointments without good reason. Stubbornly refusing legitimate, properly announced viewings risks a claim for damages and, in extreme cases, a Kündigung by the landlord. Conversely, unannounced or unilateral entry is verbotene Eigenmacht (unlawful self-help, § 858 BGB) – that you do not have to accept.

Arranging appointments by agreement: step by step

  1. Check the reason and the notice – Is there a genuine sale or re-letting reason. Was the appointment announced in good time with a concrete time.
  2. Agree a suitable time – Propose time slots yourself that fit your day. Appointments are arranged, not dictated one-sidedly.
  3. Keep an eye on frequency – Bundle prospects into as few appointments as possible. Beyond three appointments a month you may push back.
  4. You need not be there in person – you can appoint a person of trust to open the door and be present. You do not have to hand a key to the landlord or agent for entry in your absence.
  5. Settle photos and privacy – photos of your furnished apartment for listings only with your consent. Put personal items away beforehand.
  6. Put everything in writing – confirm the reason, date, time and duration by message, so that in a dispute it is clear what was agreed.

What you must tolerate – and what you may refuse

Reasonable (tolerate after notice)What you may refuse
Viewing for a concrete sale or re-lettingReason-free "just in case" viewing with no sale/letting intent
Around one to three appointments a month by agreementMore than three appointments a month / mass viewings
Weekdays at usual hours, manageable duration (e.g. up to 45 min.)Appointments on Sundays/public holidays or at unsociable times
You appoint a person of trust if you cannot be thereEntry in your absence without your consent
Photos of empty rooms after agreementPhotos of your furnished apartment without consent

Common mistakes

  • Accepting every appointment at once – you may help decide the time and frequency; appointments are agreed, not imposed.
  • Blocking all appointments out of annoyance – you must tolerate legitimate, announced viewings, or you risk disadvantages.
  • Giving the agent a key – that surrenders your Hausrecht over the apartment in your absence; you are not obliged to.
  • Allowing photos unasked – images of your furnished apartment belong in a listing only with your consent.
  • Agreeing only verbally – without a written trail you cannot later prove what was agreed on reason, time and frequency.

HausMaus makes this easier

With HausMaus you arrange viewing appointments with your landlord through the built-in messaging, in writing – the reason, date, time and duration are recorded so both sides have a provable record. The deadlines tracker keeps announced appointments and notice periods in view, and the document vault keeps your Mietvertrag and correspondence to hand if it comes to your rights: reasonable notice, no unannounced or excessive Besichtigungen. For tenants, HausMaus is free.

Wohnen, geregelt. (Home, handled.)

See pricing – 1 % of collected rent, free for tenants →

Frequently asked questions

Do I as a tenant have to tolerate viewings for a sale or re-letting?

Yes, within reasonable limits. For a concrete reason such as a planned sale or re-letting after your Kündigung (termination), the landlord has a legitimate interest in showing the apartment to prospective buyers or tenants (Art. 13 GG, § 535 BGB). You must tolerate such appointments if they are announced in good time, fall at reasonable hours and stay limited in frequency. The landlord has no general right of access, however (BGH, VIII ZR 289/13).

How many viewings per month do I have to allow?

The law names no fixed number. Case law treats roughly one to three appointments a month with pre-selected prospects as reasonable; more than three appointments a month is generally considered unreasonable. The LG Frankfurt am Main (Frankfurt regional court) held three appointments a month between 7 and 8 pm, each lasting no more than 45 minutes, reasonable for a sale. You do not have to accept mass viewings or a constant stream of new appointments.

How much notice does the landlord have to give?

There is no statutory deadline; it follows from the case law on Art. 13 GG and § 535 BGB. For viewings, around three to four days' notice is customary; in exceptional cases 24 hours' notice may suffice for tenants who are not in employment. Appointments should fall on weekdays at usual daytime hours, not on Sundays or public holidays or at unsociable times.

Do I have to let the landlord and agent in while I am away?

You do not have to make the apartment accessible in your absence, and you do not have to hand a key to the agent. You hold the sole Hausrecht (right to control who enters); entry without you is verbotene Eigenmacht (unlawful self-help, § 858 BGB). You need not be there in person, though – you can appoint a person of trust to open the door and be present for you.

Can I refuse photos of the apartment with my furniture?

Yes. Photos of your furnished apartment may be taken and published for sale or letting listings only with your consent – your Hausrecht and your Persönlichkeitsrecht (personality right) take precedence. You can refuse photos, put personal items away beforehand, or insist that only empty rooms are photographed.

What happens if I keep refusing legitimate viewing appointments?

Where there is a legitimate, properly announced reason, you have a Duldungspflicht (duty to tolerate access). Stubbornly blocking announced, reasonable appointments without good reason risks, depending on the case, a claim for damages and, in extreme cases, a Kündigung (termination) by the landlord. You may reschedule appointments that do not suit you, but you may not prevent them indefinitely.

Sources

This guide is based on the statute text and official sources. You can read the cited paragraphs in the original here:

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