Tenants in Germany: Check Balcony Solar Clause

Many tenants in Germany face the question of whether they may operate a small balcony solar module (balcony solar unit) when the lease is renewed. This text explains in plain language which clauses are common, what rights and obligations tenants have, and which steps make sense if the landlord refuses permission. Read the guidance on documentation, communication with the landlord and possible legal actions so that, as a tenant, you can make a well-prepared decision.

What is the balcony solar clause?

A balcony solar clause usually regulates whether and under which conditions a tenant may install a small solar module on the balcony. Such clauses can include restrictions on size, installation or liability. Check the wording in the lease and pay attention to phrases about "landlord approval" or "structural changes." Legal foundations for the lease are found in the German Civil Code (BGB).^[1]

How can tenants check the clause during contract renewal?

1. Read the exact contract wording and mark relevant passages, especially regarding "approval" and "structural changes."
2. Contact the landlord in writing and request precise information or written permission; keep deadlines and replies in writing.
3. Document the existing condition of the balcony with dated photos before making changes.
4. Observe deadlines: in a contract renewal, deadlines for objections or questions are important.
5. If the landlord consistently refuses, consider legal steps before the competent local court.

Official forms and templates

For formal steps use official templates or samples when available:

• Termination letter / sample letter: Used if the tenant terminates for cause or objects; include date, address, contract details and reasons.
• Statement of claim under the ZPO: When filing a claim at the local court you need a complaint with the grounds and evidence.

Which evidence and documents help tenants?

Collect written communication (emails, letters), photos of the balcony before and after installation, and technical datasheets of the balcony solar unit. Also note witnesses such as neighbors or the janitor who can attest to pre-existing installations. This documentation strengthens your position if a legal dispute arises.

FAQ

Can the landlord generally prohibit a balcony solar unit?

No, a general ban is not automatically permissible; it depends on the contract wording, the scope of the system and legitimate landlord interests. In doubtful cases the local court decides.^[2]

What should I do if the landlord denies permission?

Try to clarify in writing first. If that is not possible, seek legal advice and consider filing a claim. Documentation is crucial.

Which deadlines matter during a contract renewal?

Watch for landlord-set deadlines for consent or deadlines for objections to the contract offer; respond in writing within those periods.

How-To

1. Read the renewal documents and mark clauses about balcony use.
2. Write to the landlord asking for clear permission and request written approval.
3. Secure evidence: photos, technical datasheets, witness statements.
4. If necessary, prepare documents for a claim and file them at the competent local court.

Help and Support

• [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• [2] Bundesgerichtshof (BGH) — bundesgerichtshof.de
• [3] Bundesministerium der Justiz — bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Decisions on tenancy law — bundesgerichtshof.de
3. [3] Information and forms — Federal Ministry of Justice (BMJ)