Balcony Barbecue 2025: Tenant Rights in Germany

What applies legally to balcony barbecues?

Many tenants wonder whether and under which conditions barbecuing on the balcony is allowed. In principle, tenancy law and the house rules regulate the use of the balcony; important basics can be found in the German Civil Code (BGB)^[1].Landlords may generally agree on rules for the use of the dwelling, but they may not arbitrarily erode fundamental tenant rights.

Concrete rules and typical conflicts

Disputes usually concern smoke and odor nuisance, fire and safety risks, and deviations from house rules. First check your rental agreement and house rules before you act.

• Check the house rules for clear provisions (e.g., smoke or open flames).
• Talk to neighbors before conflicts escalate.
• If in doubt: ask the landlord for written permission.

Practical communication with landlord and neighbors

Good communication reduces legal disputes. Name the time, type of grill (electric/gas/charcoal) and how you plan to avoid smoke. A polite written letter creates verifiability.

• Template: date, brief statement of facts, request for consent or guidance.
• Call first, then confirm in writing what was discussed.
• Note photos or witnesses in case of later disputes.

Which official forms exist and how do I use them?

For general tenancy procedures there are templates and guidance at the Federal Ministry of Justice and Consumer Protection; a practical sample is the termination letter (template) and other templates for reminders or defect notifications available on the ministry site BMJV^[2].Use these templates when you need to send formal letters to the landlord.

• Termination letter (BMJV template): use for contract termination and as a basis for formal correspondence.
• Defect notification: report in writing, set a deadline and attach evidence.

When is court action possible?

If no agreement with the landlord or neighbors is reached, legal action may be considered. Local courts (Amtsgerichte) are generally competent; procedural rules are set out in the Code of Civil Procedure (ZPO)^[3].

• Local court: first instance for many tenancy disputes.
• Evidence preservation: photos, witnesses and correspondence are important.

Sample letters: short templates for tenants

Here are two short sample phrasings you can adapt:

• Request to landlord: "Dear ..., I would like to barbecue on my balcony on [date] with an electric grill. I will ensure consideration and smoke prevention. Please confirm briefly."
• Defect notification to landlord: "Dear ..., repeated barbecuing causes smoke odor in my apartment. Please investigate and take measures if necessary."

FAQ

Am I allowed to barbecue on my balcony?

Often yes, provided that no unreasonable nuisance is caused and the house rules do not stipulate otherwise.

Which type of grill is safest?

Electric and gas grills generally produce less smoke than charcoal grills and are usually less problematic from a neighbor perspective.

What do I do in case of repeated disturbance due to barbecues?

Collect evidence, address the neighbors, inform the landlord in writing and set deadlines.

How-To

1. Check the house rules and possible prohibitions.
2. Talk to affected neighbors in advance.
3. Write a short request to the landlord and document the answer.
4. If necessary, collect photos, witnesses and notes to secure evidence.
5. As a final step: obtain legal advice and, if necessary, consider legal action.

Key takeaways

• Clear communication reduces conflicts.
• Strictly observe safety and fire prevention rules.
• Documentation secures your legal position.

Help and Support / Resources

• BGB im Internet
• Bundesministerium der Justiz and Consumer Protection (BMJV)
• ZPO im Internet

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Bundesministerium der Justiz and Consumer Protection (BMJV)
3. [3] Code of Civil Procedure (ZPO) - gesetze-im-internet.de