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Emergency

Someone won't leave your property? Trespassing

An unwanted guest who won't leave, or someone who simply enters your property: your home and your peaceful possession are protected. Anyone who disregards your house right can make themselves liable to prosecution.

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Trespassing is committed by anyone who unlawfully enters a home, business premises or a peaceful possession, or who stays there without authorization and does not leave when asked by the person entitled (§ 123 StGB). The house right decides who may stay.
Trespassing is an offense prosecuted on application: prosecution as a rule requires a criminal complaint from the person entitled (mind the deadline). In acute situations you can call the police, who can enforce an order to leave.

What you should do now

  1. 1

    1. Ask clearly

    Ask the person unambiguously to leave your property or your premises.

  2. 2

    2. Witnesses and evidence

    Record what happened (witnesses, a note with date and time if possible).

  3. 3

    3. Call the police

    If the person stays, you can notify the police (order to leave or complaint).

  4. 4

    4. File a criminal complaint

    For prosecution, as a rule file a criminal complaint within the deadline.

Frequently asked questions

When is there trespassing?

When someone unlawfully enters your home, your business premises or your peaceful possession (for example a fenced property), or when someone stays there without authorization and does not leave despite your request (§ 123 StGB). What matters is your house right: you decide who may be on your property.

What can I do about trespassing?

First ask the person clearly to leave. If they stay, you can call the police, who can enforce an order to leave. Since trespassing is an offense prosecuted on application, you must, as a rule, file a criminal complaint within the deadline for prosecution. Where possible, secure witnesses and record the incident in writing.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.