Barbecue on Balcony: Tenant Rights in Germany

What applies legally to barbecuing on the balcony?

For tenants in Germany, tenancy law and the house rules determine whether and how barbecuing on the balcony is permitted. The landlord must allow the use of the dwelling, but may impose restrictions for legitimate safety or neighbour protection reasons; relevant rules can be found in the BGB^[1]. Fire safety, nuisance from smells and specific prohibition times in the house rules are practical limits. In serious disturbances, judicial clarification may be necessary.

Practical steps for tenants

• Documentation (document): Collect photos, dates, times and witnesses for any disturbance or complaint.
• Written notice (form): Send a clear sample letter to the landlord describing the facts and setting a deadline.
• Check alternatives (repair): Consider an electric grill or increasing distance from neighbours to avoid conflicts.
• Observe deadlines (within): Respond to warnings within the given deadline and document your replies.
• Escalation: Consider legal steps and possibly a lawsuit at the local court.

Conflict resolution: conversation, mediation, lawsuit

Start with a calm conversation naming specific times and proposing solutions. If that fails, send a formal letter with a reasonable deadline and attach evidence. If the disturbance continues, you can file a lawsuit or application; procedural rules are set out in the ZPO^[2] and jurisdiction is usually with the local court (Amtsgericht)^[3]. In many cases, mediation before court is a sensible option.

FAQ

Am I allowed to barbecue on my balcony as a tenant?

Often yes, but restrictions may apply due to lease clauses, house rules or safety requirements; check house rules first and document the circumstances.

Can the landlord ban charcoal grills completely?

A total ban can be justified if there are concrete dangers or repeated severe nuisances; mere smell nuisance does not always justify a blanket ban.

What should I do if neighbours complain repeatedly?

Document incidents, seek a conversation, send a sample letter to the landlord if necessary, and consider mediation or court if needed.

How-To

1. Set a deadline: Write a formal request to the landlord and name a clear deadline, e.g. 14 days.
2. Use a sample letter: State facts, times, desired remedy and announce legal steps if necessary.
3. Gather evidence: Secure photos, witness statements and date/time information.
4. Legal steps: If necessary, consider filing a suit at the competent local court.

Help and Support / Resources

• BGB: Civil Code – gesetze-im-internet.de
• ZPO: Code of Civil Procedure – gesetze-im-internet.de
• Courts and justice – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Informations on local courts and jurisdiction – justiz.de