Significance of Unauthorized Publication of Apartment Photos for Tenant Protection
In its judgment of 26.05.2025 (Case no: 4 S 159/24), the Regional Court of Stuttgart took a decisive position regarding whether the unauthorized publication of interior photographs of a rented apartment on the internet by the landlord may give rise to a claim for damages by the tenant. The court affirmed such a claim and thus once again highlighted the importance of protecting privacy in rental relationships.
Protection of Privacy in Rental Relationships
During an ongoing tenancy, the tenant holds the domiciliary rights to the rented apartment. This entails comprehensive protection of privacy and the inviolability of the home. Interior photographs often reflect private living conditions and contain clues about the occupants’ habits. Publishing such images online, for example on real estate portals, constitutes a significant intrusion into the right of personality and privacy.
In its decision, the Regional Court of Stuttgart emphasized that landlords require the tenant’s explicit consent to publish such photographs. Unauthorized publication constitutes a serious infringement of personal rights, which may persist even after the tenancy has ended.
Entitlement to Damages and Assessment Criteria
In addition to claims for removal and cease-and-desist, the tenant may, pursuant to § 823 para. 1 BGB in conjunction with Articles 1 and 2 of the Basic Law, also be entitled to compensation for non-material damages. The prerequisite is that there has been a significant interference with the general right of personality. In the case of a publication accessible to everyone, the courts generally consider this interference to be significant.
According to established case law, various factors must be considered when determining the amount of damages. These include the scope and reach of the publication, identifiable details of personal living arrangements, the duration of online presence, as well as the manner and degree of the landlord’s unauthorized conduct. The court may determine the amount of damages at its discretion pursuant to § 287 ZPO.
Key Aspects for Tenancy Relationships and Practice
Limits of the Landlord’s Rights of Use
The judgment makes it clear that the landlord may not publish or use images from the rented apartment for marketing purposes during or after the tenancy without express consent. Even when re-letting, images must be removed or otherwise anonymized if consent is not given. This carefully balanced protection concept serves to safeguard the interests and personalities of tenants.
Significance for the Real Estate Industry
The ruling is becoming increasingly relevant for the real estate industry, as interior photographs are now routinely used in listings. Companies and private landlords are faced with heightened requirements for data protection and personal rights. If the landlord disregards these rights, he risks not only claims for damages but also the threat of court-issued injunctions.
Enforcement of Claims and Evidentiary Issues
Tenants whose rights have been infringed by unauthorized publications have various civil law claims available to them following the decision of the Regional Court. To successfully enforce a claim, evidence of the publication, its reach, and recognizability are required. The decision indicates that the burden of presentation and proof for the existence and scope of the infringement lies with the tenant. However, the court may estimate claims for damages appropriately, taking into account the circumstances and available evidence.
Ongoing Legal Questions and Landlord Liability
Even though the Regional Court of Stuttgart’s judgment provides substantial clarification regarding the basis for, and legal consequences of, claims, there remain uncertainties in individual cases concerning the assessment of significance, the reach of publication, and the reasonableness of deletions and anonymizations. Furthermore, where GDPR-relevant circumstances are involved, a regulatory review of the processing of personal data may also be required.
As the judgment is not yet final (as of June 2024), the presumption of innocence applies to the parties for the duration of any possible further proceedings. The reporting is based on publicly available court decisions, in this case specifically on the assessment and presentation at the portal urteile.news.
Source Note
The above explanations are based on the judgment of the Regional Court of Stuttgart dated 26.05.2025 (Case no: 4 S 159/24), available at <a href="https://urteile.news/LG-Stuttgart4-S-15924Ungenehmigte-Veroeffentlichung-von-Wohnungsbildern-begruendet-Schadensersatzanspruch-fuer-Wohnungsmieter~N35080″>urteile.news.
Further Support
If you have legal questions regarding the issues surrounding rental relationships and personal rights discussed here, the lawyers at MTR Legal are pleased to assist you as your point of contact.
