Tenancy law: Can my landlord inspect monthly?

Questioner

The private landlord of my rental property recently filed a summary proceeding because they wanted me to leave the property due to the sale of the house. They lost this and I am allowed to continue living there. Now the landlord has been to my door to inform me that from now on they will come and inspect the house every month because they are entitled to do so according to them. Is this correct and is this allowed?

Lawyer

This should be described in the lease. Legally, the landlord has the right to access after he has announced this in time for sale and viewing and urgent work on the rented object. Without agreements on general inspection, there is a trespassing.

Questioner

I checked the rental agreement again and it says under special provisions: Check use in accordance with intended use. 12. The lessor and/or any person designated by him is/are entitled to enter the rented property on a monthly basis to check compliance with the use described in Article 1.2 of this agreement. The exact date of the check will be determined in consultation with the tenant. What I think myself is that they will still look for a reason to get me out of the house, they have never done this before in the past year. Do they have to give a reason for this first, or is this allowed without a reason, and are they also allowed to take pictures?

Lawyer

Then, in that case, the parties have deviated from the conditions in agreement and the actual terms (i.e. no entry) are considered legally valid. I do not think, however, that one will quickly come up with a reason that the judge will approve later.

Questioner

I don't quite understand your answer to the question below. What exactly does it mean to apply the actual terms? And what can I do about it? I checked the rental agreement again and it says under special provisions: Check use in accordance with intended use. 12. The lessor and/or any person designated by him is/are entitled to enter the rented property on a monthly basis to check compliance with the use described in Article 1.2 of this agreement. The exact date of the check will be determined in consultation with the tenant. What I think myself is that they will still look for a reason to get me out of the house, they have never done this before in the past year. Do they have to give a reason for this first, or is this allowed without a reason, and are they also allowed to take pictures?

Lawyer

You could argue that the provision is not valid because in practice there has been a deviation from it (no visits), which is the applicable standard.