Stairlift in Condos: Tenant Rights in Germany

Many tenants in Germany wonder whether they may install a stairlift in their condominium (WEG) apartment building. The answer depends on owner consent, structural requirements and the rental contract. As a tenant you should know your rights under the BGB, speak early with the property manager and the homeowners association, and check possible funding. In this article I explain practical steps: how to submit an application, which forms and deadlines matter, how costs, access and liability are handled, and what to do if the WEG objects. I also name official forms and explain when a BGH ruling can become relevant.

What applies to tenants in WEG buildings?

Whether a stairlift may be installed is primarily governed by the Condominium Act (WEG) and the community rules of the owners. In addition, tenancy rights and obligations from the German Civil Code (BGB) apply to tenants and landlords.^[1] For court procedures the rules of the Code of Civil Procedure (ZPO) apply.^[2]

Tenant rights briefly explained

Tenants can request structural changes like a stairlift if there is a health impairment or accessibility is required; however, consent from the WEG or landlord is usually necessary. If a dispute arises, court decisions, possibly up to the BGH, can clarify the situation.^[3]

Practical steps for tenants

• Preparation: Check rental contract and community rules (check form/application).
• Gather documents: photos, medical certificates and cost estimates (photo, document).
• Contact early: speak with landlord and property manager and submit the written application (contact).
• Clarify costs and check for possible grants (payment).
• Observe deadlines: WEG response times and any statutory deadlines (within/days).
• If denied: consider mediation or legal action (court).

If the WEG agrees, obtain written agreements on who pays which parts, who is responsible for maintenance and liability, and whether the stairlift must be removed on moving out.

FAQ

Who pays for the stairlift?

This is a matter of negotiation: tenants often pay part, there may be grants; the WEG can agree, share costs or refuse.

Do I need WEG approval?

Yes, consent of the homeowners association is usually required for interventions in common property.

What can I do if the WEG refuses?

Document reasons and evidence, seek discussion, consider mediation and possibly legal action at the local court.

How-To

1. Inform: Check rental contract, community rules and legal basics and gather required information.
2. Document: Collect medical certificates, photos and cost estimates to support your application.
3. Contact: Talk to landlord and homeowners association and submit a written application.
4. Check funding: Find out about possible grants before installation.
5. Legal steps: If the WEG refuses, consider mediation or a lawsuit at the competent local court.

Key takeaways

• Tenants should communicate early with the WEG and landlord.
• Thorough documentation improves chances in negotiations or court.

Help and Support / Resources

• Civil Code (BGB) – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de