Your rented flat has not been inspected for some time. You want to check every two years whether everything is in order, and you rely on a general inspection clause. For an occupied German rental flat this starting point is not sufficient. Before inviting someone to an appointment the concrete factual reason must be clarified.
An interval does not create a reason
The BGH denied in VIII ZR 289/13 a periodic right to inspect the flat without a special reason. Even a standard clause for a general check of the condition of the flat did not grant that right in the decided case; it unfairly disadvantaged the tenant. [BGH289, B307]
Ownership and the desire for an up-to-date impression therefore do not replace a concrete basis. As an editorial first check you should formulate which actually existing concern is to be examined in that particular flat. If the only answer remaining is merely a routine inspection, that should not become an already obligatory appointment.
A justified visit is a different situation
Under appropriate circumstances the case law derives from § 242 BGB a contractual ancillary obligation to grant access after suitable prior notice. A concrete factual reason is required. In 2023 the BGH confirmed as a possible reason the intended sale with a corresponding viewing. [B242, BGH289, BGH420]
Whether your actual reason holds up and what scope is necessary will be assessed on the basis of the specific procedure. No universal number of hours, visitors or appointments follows from the judgment. Organisational coordination therefore begins with the reason and the areas required for it, not with a seemingly standard notice period that applies in all cases.
Keep to the agreed scope
In the 2014 judgment a limited visit to check installed smoke detectors had been agreed. The landlord attempted to inspect further rooms against the will of the tenant. The BGH treated this unauthorised extension as a breach of duty by the landlord. [BGH289]
In your own hypothetical case a reported spot in the bathroom is to be inspected. At the appointment you also notice a closed bedroom door. The opportunity of already being in the flat is not treated as a blanket release for that room. A new justified concern and its appropriate coordination would have to be clarified separately.
Seriously examine particular burdens
Even a factually justified reason does not end the balancing of interests. VIII ZR 420/21 deals with possible limits in the case of serious health or life danger. The procedure was remitted because the expert opinion regarding a possible representation of the tenant had not been fully considered. No general obligation to leave one’s own flat during a visit follows from this. [BGH420]
For specifically asserted exceptional circumstances you therefore need appropriate technical and legal clarification. A private speculative diagnosis or the blanket phrase Verkauf geht immer vor would not be a reliable answer.
Do not turn a dispute into self-help
If access is refused, clarify the actual reason and the legally appropriate further course. Possession of a key is no practical substitute for an unresolved entitlement. This article does not determine an emergency situation and recommends no physical enforcement.
The outcome before an ordinary visit should be clear: justified reason, appropriate scope, understandable prior notice and consideration of special circumstances. A visit note remains limited to that procedure and does not become permanent permission for future inspections.