Keep Escape Routes Clear: Tenants in Germany
As a tenant in Germany, you should know how important clear escape routes are for your safety and for complying with tenancy law. This article explains in plain language what duties tenants and landlords have in residential buildings, which official regulations apply, which forms and deadlines matter, and how to use a practical checklist. You get concrete steps to document blocked staircases, inform the landlord correctly and which authority or court is responsible in a dispute. The information refers to German law and names relevant statutes and official bodies so you can act decisively in an emergency. Practical examples and tips for securing evidence make the next step easier.
Why escape routes matter
Clear escape routes reduce risk during fires and ensure that emergency services can work quickly. Permanently blocked staircases can also be an administrative offense or a violation of tenancy law because duties to secure traffic areas apply.
Legal basis
Tenancy law in the BGB regulates landlord and tenant obligations, especially regarding use, maintenance and remedying defects; see BGB §§ 535–580a [1]. Procedural steps are governed by the rules of the Code of Civil Procedure (ZPO) [2].
Forms and deadlines
Important are standard letters such as a written defect notification or a deadline to the landlord; templates and guidance can be found at official sources, e.g. the Federal Ministry of Justice [3]. Example: Send a defect notification by registered mail with return receipt, state the date, briefly describe the blockage and set a reasonable deadline of about 14 days for remedy.
Checklist: keep escape routes clear
- Safety: Do not store items in the corridor or stairwell.
- Fire safety: Do not keep flammable materials in escape routes.
- Maintenance: Check smoke detectors and emergency lighting regularly.
- Key rules: Do not keep entrance and escape route doors permanently locked.
- Documentation: Take photos, note dates and witnesses; submit a written defect notification.
If neighbors or outsiders repeatedly block escape routes, first speak politely with the person; document everything and inform the landlord in writing with a deadline. If the landlord does not act, further steps are possible.
What to do for repeated blockages
Follow the checklist and send a formal defect notification with a deadline. If no response, consider rent reduction or, in severe cases, seek legal help; the local court (Amtsgericht) is the first instance in rental disputes.
FAQ
- Who is responsible for clear escape routes?
- In principle, landlords are responsible for traffic safety, but tenants must not obstruct use and must treat common areas properly.
- What if a neighbor permanently blocks the stairwell?
- Document the obstruction, inform the landlord in writing with a deadline and involve the local court or fire brigade if necessary.
- Can the landlord remove items without notice?
- No, the landlord cannot arbitrarily remove property; they usually must issue a written demand and possibly pursue legal action.
How-To
- Document: Take photos, note date and time and name possible witnesses.
- Notify in writing: Send a defect notification by registered mail with a clear deadline (e.g. 14 days).
- If no remedy: Consider legal action at the local court or obtain legal advice.
- Follow-up: Keep all responses and evidence and keep a log of communications.
Help & Support / Resources
- BGB and other laws at Gesetze-im-Internet
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Federal Court of Justice (BGH) – decisions