I am not a lawyer but I know that this is a common misunderstanding in Germany. The landlord is not allowed to keep a key to the apartment he rented out, unless you're explicitly consent to it.[0]
You have to grant him access in case of an emergency and if you don't do that, forced entry may be legal (like in the case of a pipe burst).
In most US states, landlords are required to give 24 hour notice prior to entering a unit (unless it's a maintenance emergency like a broken water pipe).
>the apartment owner notices it, tries to enter your apartment to extinguish it, cannot enter because of changed lock, and the building burns down.
The fire department/emergency services would absolutely be allowed to (force) enter...why should the landlord be the savior? Perhaps it's different in Germany.
It's not.
Details: https://www.urban.co.uk/landlord-university/questions-and-an...
Ah, yeah I encountered the same in Netherlands. A while back the law changed and some legal liability shifted towards landlords if their tenants were found to be growing cannabis. So my property management company decided that they would do random, unannounced inspections of all their tenants four times per year. Plainly contrary to the authorized, agreed-upon reasons for visits and counter to my right not to be bothered. Cue some unknown to me guy knocking on the door asking to look around. Nope! After I argued with the company a few times and refused them entry they finally stopped pestering me. And I'm not growing cannabis...but neither am I a freshman in a college dorm!
g) Permit the Landlord or the Landlord's agents on reasonable notice and at reasonable hours to enter the premises to view the state and condition thereof and if necessary to carry out repairs, alterations or other works.
s) Not to change or install any locks on any doors or windows of the premises or to make duplicate keys thereto and to return all such keys to the Landlord or the Landlord's agents at the end of the tenancy.
v) To permit the Landlord or the Landlord's agents during the last two months of the tenancy to enter the premises at reasonable hours during the day time together with any prospective tenants or purchasers to view the premises.
But that third term is a deal-breaker. Eight weeks of living in an unsafe, insecure home with no privacy? I'm not paying rent for that.
I'm not Australian, but my sense is that tenants are viewed by the law as something between children and moral degenerates.
EDIT: and landlords are permitted to (and do) "inspect the property for damage" on a six monthly basis. At which point they tell you the day before they'll be poking around in your home. I don't know why we stand for it, frankly.
This is completely wrong. In Germany the apartment owner is not even allowed to keep a copy of the key unless you voluntarily give them one. I live in Germany and I also changed the lock the day I moved in and the landlord is not allow to forbid me from doing that.
If it's not an emergency, then you don't need to enter the apartment without the tenant.
We do it for all properties and highly recommend it, as we’ve had an ex-contractor (had worked on renovations) walk into our rental a week after we moved in, letting himself in with his keys thinking no one had moved in yet. Wifey was on the couch and let out a hell of a yell, and we chased him out before calling the Police.
[1] https://www.advocard.de/streitlotse/mieten-und-wohnen/schlos...
I can imagine that you can be held liable if, for example, a fire breaks out in your apartment, the apartment owner notices it, tries to enter your apartment to extinguish it, cannot enter because of changed lock, and the building burns down.
[0] as others have mentioned below, this does not seem to be enforceable, even if it is part of the contract, and you are free to change locks after moving in. You only have to give the landlord access to the apartment in case of emergency, and he may enter forcefully if you don't do that (or if you are not present / have changed locks).