Assistance with Tenancy Law: Access and Housing Rights


Questioner

I have a question about granting access to a co-tenant. At the moment, a divorce has been filed with the court by my wife (as of 06-09). In the meantime, she has rented a new home elsewhere, but the contract for this home is still on which she is listed, according to the landlord, and which she cannot collect without my signature. If I were to agree to this, it would mean that I would also have to have another home within 1 month (notice period), because the contract would have to be redrafted and then I would not meet the current landlord's conditions. But now the question is: should I grant her access at times that suit her and also together with who she wants? According to the municipal registration, she has already moved, which is also clearly visible from a water board tax assessment which states that I have been living alone since 27-08. The most important thing is that if she wants to come in, I have to let her in now.

Questioner

She is a co-tenant but has relinquished her residential rights by moving out. You must cooperate with her entry if she has a valid reason, such as if there are still belongings there.

Questioner

Thank you for the answer, but the question remains: can she do this at any time she wants, and can she also decide who comes in with her?

Questioner

No, it's best to decide this together. And only if it's strictly necessary. Furthermore, you have the right to privacy and use of the entire home.

Questioner

Do I have the right to reclaim the keys from her to this apartment? Another lock is not possible here, because it is a rental property plus the key is also to gain access via the central entrance door of the complex and also to get into the basement box?

Questioner

Yes, you have that right.

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