Holiday shock for Eastern Swiss – Wi-Fi camera reveals intruder: Is the landlord allowed to enter my flat like this?

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Something isn’t right here. St. “I have been suspicious for a long time,” says Michael L.* from the canton of St. Gallen about the landlord’s behavior. The Reader reporter wishes to remain anonymous for fear of negative consequences for his family. According to the information he gave, L. lives in an apartment belonging to a private person. And this is clearly aimed at the young family.

“My little kids seem to be a nuisance to the landlord,” says the father of two. “He’s probably afraid they’ll tear up his apartment, but of course that’s not the case.” The family has been living in the same house for several years. For the last few months, L. had constantly had the feeling that someone was breaking into her home. “When we went on holiday abroad for three weeks, I installed a security camera in my flat,” says the man from Eastern Switzerland.

Access not allowed

As it turned out, his suspicions were not unfounded. Because while he was on holiday abroad, the security camera application alarm on his mobile phone went off. Thousands of kilometers away from his home in Switzerland, he was able to watch his landlord enter his apartment and look into every room without announcing his flight visit beforehand! “This is a gross violation of my privacy,” the Eastern Switzerland resident said angrily.

What is the legal situation in such a case? Can the landlord enter the flats in his building whenever he wants? Blick requested an evaluation from the tenants association. This proves that the tenant was right. “No, the landlord is not allowed to do this,” says Fabian Gloor (38), a lawyer with a tenants’ association in German-speaking Switzerland. “The landlord is only allowed to enter the apartment under certain conditions.” This is the case, for example, when repairs need to be made. Or a review is required for re-letting.

Landlord not allowed to have keys

But even then the host must announce his visit in a timely manner. “The tenant needs to be notified 24 to 48 hours in advance,” says Gloor. If the date is not suitable for the tenant, a different time may be suggested.

“The landlord is also not allowed to have the key to the rental apartment,” says the lawyer. During the delivery of the flat, all keys of the flat must be handed over to the tenant. “A lot of homeowners don’t know this,” says Gloor.

Replace lock cylinder

If the landlord enters the apartment without prior notice and without one of the reasons stated above, this constitutes a crime and can be reported. However, the tenants’ association does not recommend this. “The tenant should talk to the landlord,” he says.

For example, the tenant may want the key back. If you are afraid to talk, simply replace the lock cylinder. “This is allowed as long as the tenant keeps the old lock cylinder and reattaches it when they move out,” explains Gloor.

Is video surveillance allowed?

L. from the Rhine Valley rightly felt that his privacy had been violated. So should he have set up a camera to track down the owner? Video surveillance is generally allowed within your own four walls, as long as you only film yourself. If other persons enter the video surveillance recording area, they must be notified.

A restaurant or store usually does this with a sign. You need to inform your guests at least verbally. In case of unauthorized access, the situation is different as this is not possible.

According to the Personal Data Protection Law, private persons are strictly prohibited from doing the following: Installing cameras outside and monitoring public spaces with video. For example, if you have installed a security camera to protect yourself from thieves, you should make sure that the camera does not capture neighboring property or adjacent streets.

Blick reader L. has now confronted the landlord but has so far refrained from filing a complaint. “We have decided to terminate the lease and want only one thing: to get out of this apartment as quickly as possible.”

*Editor’s name known

Source :Blick