What is allowed – what is not

Tenants are allowed to put colourful Advent wreaths on their flat door in the stairwell. Co-tenants may not take offence at this. This is not the case if tenants want to decorate the entire stairwell from top to bottom according to their own ideas. The neighbours do not have to accept this; they can demand that the decorations be removed. This also applies if a tenant sprays Christmas scents all over the house. Neighbours do not have to accept this.

Tenants who rent out their flat to tourists via Airbnb or other portals without the landlord's consent or permission risk termination. According to a decision by the Berlin Regional Court (67 T 29/15), the landlord not only had a legitimate interest in terminating the tenancy in due time, he could even terminate it without notice. In this case, the tenant had rented out the rental property to tourists and, despite a warning from the landlord, continued to offer it via Airbnb without obtaining permission. According to the decision of the Berlin Regional Court, letting rented accommodation to tourists for a fee or offering it publicly is in breach of contract. This applies all the more if the flat is not only partially, but completely let to tourists.

The tenant of a sufficiently large flat may also take in a child of their own in their flat if the child is of legal age and already had their own household before moving in. Authorisation from the landlord is not required, ruled the Potsdam Regional Court (4 S 96/12). According to the court, taking in one's own daughter is privileged due to family ties and is generally not subject to authorisation. It makes no difference whether the child is of legal age or not. Children and spouses are also allowed to move in with tenants without the landlord's consent.

Tenants may also bathe or shower in the flat after 10 p.m. or midnight. Any provision to the contrary in the tenancy agreement is invalid. According to the Cologne Regional Court (1 S 304/96), the tenant may use the bathroom at any time of the day or night.

Balconies are part of the rented flat. Tenants have the right to place flower boxes or flower pots on the balcony. The prerequisite is always that the flower boxes are properly secured and it is ensured that they cannot fall down in strong winds and endanger passers-by or neighbours. Whether it is also permissible to attach flower boxes to the outside of the balcony is judged differently by the courts.

Knotweed planted in a flower box must be cut back if it becomes overgrown and grows over the balcony parapet. Neighbours do not have to accept that flowers, plant parts and bird droppings constantly fall onto their terrace (LG Berlin 67 S 127/02).

It is part of the contractual use of the rented property that the tenant may install wall plugs and drill into tiles, particularly in bathrooms and kitchens. The landlord is not entitled to claim damages in this case. The limit for the tenant's right of use, i.e. the question of how many holes the tenant may drill in the bathroom, is the customary amount. The Munich Local Court (473 C 32372/13) accepted 59 drill holes. The Dortmund Local Court (425 C 2787/14) left this question unanswered, but stated that – if not available – tenants may install brackets for the usual installation items, such as mirrors, consoles, towel rails, soap dishes, etc.

If a tenant installs a peephole in the flat door without the consent or against the will of the landlord, this is part of the contractual use of the rented property. The landlord must tolerate the installation and cannot demand the removal of the peephole and, if necessary, the replacement of the door leaf during the rental period. According to a decision by Meißen District Court (112 C 353/17), minor interventions in the fabric of the building, such as the installation of a door viewer, are generally covered by contractual use. This applies all the more if the tenant has to restore the rented property to its original condition after moving out.

The balcony is part of the rented flat. Friends, neighbours or relatives may be invited onto the balcony. Here you can eat, drink and celebrate together. However, the interests of the neighbours must not be unduly impaired; after 10 p.m., parties must continue in the flat with the windows and doors closed. Even until 10 p.m., the rule is to show as much consideration as possible for the neighbours, i.e. celebrate at a low volume.

Landlords may prohibit guitar lessons if they cause noise disturbances and arguments in the house. The landlord can even give notice to the tenant who is disturbing the peace. The Federal Court of Justice ruled that landlords do not have to tolerate professional or commercial activities being pursued in a rented flat without an express agreement. In individual cases, the landlord could be obliged in good faith to grant permission for professional use of the flat if there is no fear of negative effects on the rented property or the other tenants compared to the usual use of the flat. However, this is obviously not the case, for example, with guitar lessons on three working days for around 12 pupils.

Barbecuing - whether on the balcony, terrace or in the garden - is now commonplace when the weather is nice and is becoming increasingly popular. Barbecues are also permitted on balconies in apartment blocks, for example. Neighbours must accept this. But there are two exceptions to this principle:

• If the tenancy agreement expressly prohibits barbecuing on the balcony or terrace, tenants must comply with this, according to a decision by the Essen Regional Court (case reference: 10 S 438/01). Anyone who disregards the barbecue ban risks warnings and possibly even termination of the tenancy.
   
• But even without an explicit ban in the tenancy agreement, barbecues are not allowed if smoke is drifting into neighbouring flats. It does not matter whether the barbecue is on the balcony, terrace or in the garden. It is prohibited if there is a significant nuisance caused by soot or smoke, if the smoke produced by barbecuing penetrates into a neighbour's flat in a concentrated form.

Even in condominiums, owners are not allowed to barbecue without further ado. Barbecuing can be restricted, prohibited or even limited in terms of time or location. The Bavarian Supreme Court, for example, has ruled that the owner may only set up his barbecue at the far end of the garden, 25 metres from the house, and may only barbecue on a charcoal fire a maximum of five times a year.

Other courts set time limits, such as 5 p.m. to 10 p.m., insist on advance notice of the barbecue evening and expect barbecues to be held no more than twice a month or three times a year. However, according to Jürgen Becher, Managing Director of the Cologne Tenants' Association, it is also crucial here that the smoke nuisance for neighbours is kept to a minimum. This is why courts repeatedly recommend the use of electric barbecues instead of charcoal.

Our tip: Invite your neighbours to the barbecue party. This strengthens the neighbourhood community and avoids arguments.

Gymnastic exercises in the home – jumping, skipping etc. – are prohibited if the sport is practised so intensively that the exercises could disturb the neighbours. As a general rule, the home is not a sports ground. If, for example, you jump with a rope or bounce up and down so that the walls in the flat below are shaking, you have clearly overstepped the mark. You are only allowed to do things that don't make any noise and are respectful of the neighbours.

The tenant may use normal and typical household appliances in the flat at any time. This also applies to appliances that cause noise, such as hoovers. However, tenants should adhere to the general quiet hours, i.e. not vacuum after 10.00 p.m., and they should check whether vacuuming is actually necessary from 8.00 a.m. or even 7.00 a.m. at weekends, for example. The same applies to drilling machines. A neighbour cannot object to occasional drilling, even if work is carried out in the early evening, for example after 7.00 pm. However, the home must not become a ‘permanent building site’.

In a block of flats, the tenant on the ground floor can be expected to lock the front door every evening. The Regional Court of Cologne (1 S 201/12) considered the provision in the house rules to be valid, according to which the ground floor tenant is obliged to lock the doors leading to the outside by a certain time in the evening – in winter at 9.00 pm at the latest, in summer at 10.00 pm at the latest. Although there is no legal obligation to lock the doors, the ground floor tenant can be required to do so by the tenancy agreement or house rules. The Cologne Regional Court also did not see any unreasonable disadvantage in the fact that only the ground floor tenant has to take care of locking the front door, but not the other residents of the apartment block. The court ruled that the obligation imposed only led to a minimal amount of time and very little work.

Even if dog ownership is expressly prohibited in the tenancy agreement, the tenant may allow visitors with dogs into their flat. However, it is not permitted if the visitor regularly brings a dog with them at frequent intervals and the dog remains in the flat at night. It is also not permitted if the dog is constantly in the flat throughout the day, for example because the tenant looks after and cares for his son's dog in the flat during the day while the son is at work.

If a pet owner lets their dogs run free on other people's property despite prohibition signs to the contrary, they can be sued for injunctive relief and compensation for the costs incurred for removing the dog faeces, the Berlin Regional Court ruled (23 O 251/16). The fouling of the property constitutes damage and defacement, i.e. a violation of the substance of the property. The cost of €22.15 for removing dog poo twice is a reasonable cost. Not only the time involved, but also the fact that removing dog poo is extremely unpleasant work, at least if you are not emotionally attached to the animals, and must therefore be remunerated accordingly, must be taken into account.

A Hamburg landlord had to remove the video camera installed on the ceiling of the hallway, which was aimed at the tenant's entrance and letterbox. According to a decision by the Hamburg-Harburg district court (646 C 8/18), the video surveillance violated the privacy of the tenant and his visitors. The general right to privacy enshrined in the German Basic Law also protects tenants from unwanted monitoring and surveillance by private landlords. The tenant must have the freedom to leave and enter the flat or house without being monitored by the owner. This right also includes the right to receive visitors undisturbed and without surveillance.

Cat flap: Anyone who installs a cat flap in the flat door without the landlord's consent is acting in breach of contract and adversely affecting the landlord's interests. According to a decision by the Berlin Regional Court (63 S 199/04), the landlord does not have to accept that cats have uncontrolled access to the stairwell of the apartment building via the cat flap in the flat entrance door. He can demand the removal of the cat flap and, if the tenant does not react, may even terminate the tenancy.

Cat netting: If cats are allowed to be kept in the building, the right to keep cats also includes the right to install cat netting on the balcony - according to the Berlin-Tempelhof-Kreuzberg district court (18 C 336/19). Furthermore, the installation of a cat net is included in the intended use of the rental property, as it does not cause a significant visual impairment of the residential building.

Fairy lights and Christmas decorations are generally permitted if they are safely installed, the house facade is not damaged and neighbours are not unduly disturbed. It is a widespread custom to decorate windows and balconies with electric lights during the Christmas period (LG Berlin 65 S 390/09). However, if a tenant is prevented from sleeping by a neighbour's brightly flashing and constantly flickering Christmas decorations, they can take action against this type of forced lighting. He can demand that the lights be switched off from 10.00 pm.

Tenants cannot prevent their landlord from installing a mobile phone transmitter in the attic and on the roof of the building, the Federal Court of Justice ruled a few years ago (BGH VIII ZR 74/05). The prerequisite is always that the relevant technical standards are complied with. This means that limit values for electromagnetic fields must not be exceeded. Any fears the tenant may have about a residual risk of a health hazard are not to be taken into account and, in particular, do not constitute a defect in the rented property.

The tenant may attach a satellite dish antenna to a parasol stand on his balcony, ruled the Hamburg-Bergedorf District Court (409 C 169/12). In this case, the tenant had embedded a pole in the concrete base on his balcony, as used for movable parasols, to which he attached a satellite dish antenna. Although the ‘construction’ was visible from the street, in the opinion of the local court it was not in breach of contract, but was covered by the tenant's rental use. It was comparable in its visual perception to a (permitted) parasol. Furthermore, as there was no danger to the rented property or damage, the landlord could not demand the removal of the satellite dish.

Smoking on balconies and terraces can be restricted in terms of time according to a decision by the Federal Court of Justice - as has now happened in Dortmund. After the smoking and non-smoking neighbours were unable to agree on smoke-free or smoking times on their terraces, the Regional Court of Dortmund ruled (1 S 451/15): Smoking on the terrace is prohibited from 0.00 to 3.00 am, 6.00 to 9.00 am, 12.00 to 3.00 pm and 6.00 to 9.00 pm. If a neighbour who smokes does not comply with these times, they may be fined up to 250,000 euros. (For your information: this is the equivalent of around 40,000 packets of cigarettes).

Smoking in the rented flat is in accordance with the contract if it is not effectively restricted by the rental agreement itself, according to the Federal Court of Justice in its judgement of 28 June 2006, case no. VIII ZR 124/05. As the balcony is part of the rented flat, the tenant is also entitled to smoke on the balcony.

If other tenants feel inconvenienced by this, this must generally be accepted. In individual cases, however, a different judgement may be appropriate. If the nuisance is on a larger scale, the flatmates can demand more consideration from the chain smoker. This applies in particular if flatmates' health is affected by the nicotine odours and asthmatics or allergy sufferers, for example, have to fear an exacerbation of their illness.

A rent reduction due to nicotine odours is only justified in exceptional cases. A reduction in rent can be considered justified if cigarette smoke from rooms below penetrates into your own flat through unsealed cracks due to the special construction of the building. Nevertheless, smokers should always show consideration for their non-smoking flatmates and restrict smoking on the balcony wherever possible. Perhaps a joint discussion between the tenants concerned and the landlord will help and they can agree on fixed ‘smoking times’ to which the non-smokers can then also adjust.

Smoke alarms sometimes beep for no reason in the middle of the night and can therefore disturb your sleep considerably. Do I still have to tolerate the installation of smoke alarms by my landlord?

Yes. The installation of smoke alarms must always be tolerated by the tenant. If a device is defective, it must be replaced by the landlord. However, the landlord may not pass on the costs incurred to the tenant.

Tenants have the right to leave the shutters of their flat down after 10.00 pm. According to a ruling by the Düsseldorf District Court (55 C 7723/10), this applies even if a neighbour feels disturbed by the loud noises of the external blinds and claims that his child is being woken up every night. The operation of shutters is part of the normal use of a flat. It is in the nature of things that the shutters are used at night, i.e. even after 10.00 pm.

The landlord must tolerate the parking of a walking frame in the hallway if this does not hinder other residents (AG Recklinghausen 56 C 98/13). The tenant could not reasonably be expected to constantly ask other residents to carry the rollator into her flat, nor was a parking facility 20 metres away an alternative. The tenant was entitled to leave the rollator folded up in the hallway.

The installation of pleated blinds for darkening is part of the contractual use of the rented property, at least as far as the use of bedrooms or children's rooms is concerned. This also applies if the structural conditions, e.g. the presence of pitched roofs and Velux windows installed in them, only allow the installation of such pleated blinds by inserting screws into the window frame (AG Bremen 6 C 285/14).

The Witten Local Court takes a different view: If the tenant wants to install so-called pleated blinds as privacy or sun protection in the window, he must obtain the landlord's consent. The Witten District Court (2 C 684/17) ruled that the substance of the windows had been damaged by drilling into the glazing beads. The four 3 to 4 millimetre holes per window were not covered by ‘contractual use’ of the rented property - unlike, for example, a reasonable number of ordinary dowel holes. Consequence: The tenant must pay compensation when moving out if he has drilled holes without the landlord's permission.

In this respect, this issue is always a case-by-case decision.

Booming bass, banging firecrackers, cheerful laughter: parties are loud, especially New Year's Eve parties. Even if many people think so, no-one has a legal right to go wild and organise a noisy party once a month or three times a year. This is because, on the one hand, the principle of mutual consideration applies, especially in apartment blocks, and on the other hand, the law stipulates a night's rest from 10 pm. This means that from 10 p.m., parties can only be organised with the handbrake on.

On New Year's Eve, however, special de facto rules apply. As there are celebrations in many homes and firecrackers and rockets traditionally explode everywhere at midnight, it makes little sense to demand peace and quiet from neighbours who are celebrating. After all, there is only peace and quiet at night when practically nothing can be heard in your own home - usually impossible with the New Year's Eve noise in the surrounding area, even if it were quiet in the neighbouring flat.
Ultimately, an ‘extended tolerance limit’ applies on New Year's Eve. Nevertheless, the requirement for mutual consideration in apartment blocks remains. The extended tolerance limit for noise at New Year's Eve celebrations should therefore not be taken as a licence to make unrestrained noise. It is advisable to let your neighbours know in advance if you are going to welcome the New Year loudly in your home.

Anyone who wants to set off firecrackers, fireworks and rockets must take care not to endanger neighbours or passers-by. For this reason, rockets must never be aimed at groups of people or directly at homes or balconies. In addition, fireworks may only be set off and launched on New Year's Eve and New Year's Day. Special authorisation is required on all other days.

The hallway and stairwell are common areas and are also rented. Tenants may of course use them, but the rights of neighbours must be observed.

Rollators: The landlord is obliged to tolerate the parking of the foldable rollator of a tenant with a walking disability in the hallway if it is neither possible nor reasonable for the tenant to find another place to park it and the rollator can be parked in an area in the hallway where it does not cause any inconvenience or nuisance to other tenants (LG Hannover 20 S 39/05, AG Recklinghausen 56 C 98/13).

Bicycles: The bicycle can be parked in the bicycle cellar, your own cellar or even in the flat. Bicycles and bicycle trailers can also be parked in the courtyard of the house if other options are not reasonable. However, it is generally forbidden to park your bike in the hallway or basement entrance. This is only permitted for short periods of time or with the landlord's consent, as long as the flatmates are not disturbed.

Doormats and shoes: Tenants may place doormats in front of their door. This is common practice (LG Berlin 63 S 509/89, AG Tempelhof-Kreuzberg 19 C 27/98). Shoes may also be placed on the doormat in bad weather. This is also widespread, common practice and does not endanger the other residents of the house (OLG Hamm 15 W 168-169/88).

Pushchairs: Pushchairs may be parked in the entrance area/hallway - even at night - as long as this does not cause considerable inconvenience to other tenants (AG Braunschweig 121 C 128/00). If the tenancy agreement expressly prohibits the parking of pushchairs, this may be invalid. This is particularly the case if the neighbours can use the corridor area despite the pushchair and parents cannot reasonably be expected to lug the pushchair up several floors to the flat and there are no other parking facilities in the building. A ‘parking ban’ for pushchairs, on the other hand, can only exist if the other tenants are considerably inconvenienced due to an extremely unfavourable layout of the hallway, if the tenant could easily take the pushchair into the flat or if a lift is available.

Advent decorations: Tenants are allowed to hang colourful Advent wreaths on their flat door in the stairwell. Co-tenants may not take offence at this. This is not the case if tenants want to decorate the entire stairwell from top to bottom according to their own ideas. The neighbours do not have to accept this; they can demand that the decorations be removed. This also applies if a tenant sprays Christmas scents all over the house. Neighbours do not have to accept this.

Shoe cupboards, shelves, broom cupboards and so on may not be placed in the hallway. Residents' furniture belongs in the flat and not in the communal areas. However, a shoe rack in front of the only tenant's flat door on the top floor cannot disturb anyone in the building. The district court in Herne (20 C 67/13) also focuses on the individual case and allowed a tenant to set up a shoe rack with a depth of 30 centimetres. The court was unable to establish any specific hindrance or nuisance to the flatmates or any obstruction of the escape route. If the landlord has tolerated the shoe cupboard in front of the tenant's door for 13 years and now demands its removal, this is harassment (AG Bergisch Gladbach 61 C 291/93).

Rubbish bags outside the door: You are allowed to leave a rubbish bag outside the door for a short time to dispose of it at the next opportunity. However, rubbish must not be temporarily stored outside the door so that it can then be transported to the bin at some point. And of course it is not permitted to store rubbish in rubbish bags permanently in the hallway (OLG Düsseldorf 3 Wx 88/96).

Decoration, flower pots: Flower pots, for example on intermediate landings in the stairwell, decorative objects such as pictures and paintings of a Madonna figure on the windowsill are a matter of taste. An individual tenant has no right to decorate the hallway and stairwell according to his or her taste. This is only possible in agreement with the neighbours and with the consent of the landlord. However, a "Madonna figure" standing in the stairwell does not justify a rent reduction by a neighbour (AG Münster 3 C 2122/03).

Flat door decoration: Tenants are allowed to put a "Welcome" decoration or an Advent wreath on their flat door (LG Hamburg 333 S 11/15).

Smoking: Smoking in the flat or in the house itself is not prohibited. However, it is forbidden to ventilate smoke and fumes into the stairwell via the flat door (BGH VIII ZR 186/14). Smoking in the stairwell, i.e. in communal areas, can be prohibited in the tenancy agreement or in the house rules.

Cooking and other odours: Normal household food smells in the stairwell or hallway are to be tolerated. This also applies if the neighbour uses exotic spices or garlic for cooking (AG Hamburg-Harburg 643 C 230/92). However, the tenant may not ventilate his kitchen fumes into the stairwell.

Locking the front door: A provision in the tenancy agreement according to which tenants are obliged to keep the front door locked at all times is invalid. There can be no obligation to lock an escape route (AG Köln 203 C 319/16). And also according to the Frankfurt Regional Court (2-13 S 127/12), the flat owners may not decide that the front door must be locked from 10.00 pm to 6.00 am. This would make it more difficult to escape in emergency situations. However: Although the Cologne Regional Court (1 S 201/12) clarified that there is no legal obligation to lock the door, the ground floor tenant can be obliged to lock the door at night by tenancy agreement or house rules. The Hanover Local Court (144 C 8633/06) also considered a contractual obligation to lock the door to be permissible.

Subletting the entire living space requires the landlord's permission. However, if a tenant only wants to sublet one room in their flat, the landlord cannot simply refuse this request. Especially not if the tenant has understandable personal and economic reasons. If the landlord nevertheless prohibits a subtenant from moving in, the tenant can terminate the lease within 3 months, even in the case of a fixed-term tenancy. If the rooms are rented to a flat-sharing community, the community can insist that old residents are released from the contract and new residents are accepted instead.

The landlord is not entitled to terminate the lease without notice, nor with the statutory notice period, if the tenant takes his partner into the rented flat without first obtaining permission from the landlord or notifying the landlord that he is taking in his partner (LG Berlin 67 S 119/17). It is doubtful whether the tenant is in breach of duty at all, as the landlord would have had to agree to the partner taking up residence in any case. However, even if there is a duty of disclosure, a breach of this duty of disclosure cannot justify termination in the case of a tenancy that has lasted 30 years.

The Karlsruhe Higher Regional Court (case no.: 6 U 64/97) considers the installation of a video surveillance system in the hallway or in front of the house to be an unauthorised infringement of the tenant's right to privacy. Every tenant or visitor who enters the house must feel that they are being monitored. Not only can it be recorded how often and in what company the tenant enters the house, but also in what mood and with what facial expression, states the Federal Court of Justice (case reference: VI ZR 272/94). Surveillance can only be justified in exceptional cases, for example if the landlord has concrete indications that attacks on his person or on fellow tenants are imminent or to be feared.

Bird droppings on the balcony and terrace are unavoidable. There is no condition contrary to the contract and a rent reduction is not justified. This also applies if neighbours "attract" the birds by feeding them and putting out water containers.

Feeding birds is socially acceptable and widespread, it does not exceed the limits of contractual use and is therefore permitted. The situation is different if it leads to disproportionately heavy soiling or to health consequences as a result of the soiling. This is the case when pigeons are fed. The Bonn District Court recently ruled (204 C 204/17) that feeding urban pigeons was unreasonable for the neighbourhood.

Hanging out feeding bells and scattering bird food for songbirds on outside window sills in winter is permitted and cannot be objected to by the landlord. Similarly, putting up a birdhouse is widespread today and therefore cannot be prohibited.

Tenants are also allowed to dry laundry in the flat. It does not matter whether a clause in the tenancy agreement prohibits hanging laundry in the flat or not. This applies even if there is a communal drying cellar or storage room in the building. However, anyone drying laundry in the flat should ensure that there is sufficient ventilation.

"Small" laundry may also be dried on the balcony. Tenants may stretch a washing line or set up a rotary dryer here. The landlord cannot prohibit this, not even with the argument that it would spoil the appearance of the building. A laundry corner up to the balcony parapet is permitted.

The tenant of a sufficiently large flat is also authorised to take a child into the flat if the child is of legal age and already had its own household before moving in. The landlord's permission is not required (LG Potsdam 4 S 96/12). The landlord only needs to be informed that the tenant's child has moved in.