Stairwell Decoration for Tenants in Germany
Many tenants in Germany wonder whether they may place plants, fairy lights or shoes in the shared stairwell. The stairwell is part of the communal area, so house rules, § 535 BGB[1] and neighbour rights apply. Anyone decorating should consider safety, fire protection and corridor access and be considerate of other residents. This text explains clearly when decoration is permitted, what forms of consent or objection are possible, and how to document disputes, meet deadlines and, if necessary, contact the local court (Amtsgericht)[2]. Practical steps, official forms[3] and examples help you resolve disputes fairly and act with legal certainty.
Legal basics
The stairwell is usually for communal use; individual storage rooms or cellars are often separate. Under § 535 BGB the landlord must keep the apartment in a contractually agreed condition, while the house rules may set permissible limits. Crucial are escape routes, fire protection and the rights of other tenants. Therefore, document time, place and type of decoration as well as any damage with date and photos.
As a rule, decorations must not block escape routes.
What is often allowed
- Small, non-blocking potted plants placed at the side of the corridor.
- Fairy lights for short periods, provided they comply with fire safety requirements.
- Signs or nameplates at the mailbox area with the approval of the house community.
What is usually prohibited
- Permanently blocking escape routes, bicycles or prams in emergency paths.
- Open candles or electrical decorations without certified protection against overheating.
- Significant intrusions into privacy such as surveillance cameras in communal areas without consent.
Respond in writing to complaints and keep copies of all communications.
Consent, objection and deadlines
Often the house rules decide; if there is no rule, a tenant vote or written landlord approval helps. If the landlord points out hazards, you must react and remove or adapt decorations. Set a clear deadline, document every request and monitor timelines.
Documentation and clear deadlines improve your position in a dispute.
Practical steps in disputes
- Step 1: Talk first with neighbours and try to reach an amicable solution.
- Step 2: Send a brief, factual email or letter with photos as evidence.
- Step 3: If necessary, ask the landlord in writing to act and set a reasonable deadline.
- Step 4: If unresolved, consider court action at the local court or seek mediation.
FAQ
- Can the landlord prohibit any decoration in the stairwell?
- The landlord can enforce rules through the house rules, but may not categorically ban all harmless decorations if they do not present a safety issue.[1]
- Do I have to comply immediately with a landlord's request?
- You should observe deadlines; usually a reasonable period to remove decorations is granted before legal steps are taken.[2]
- Which forms or evidence are helpful?
- Photos with dates, witness statements and copies of correspondence are important; standardized forms are available at the local court for legal proceedings.[3]
How-To
- Document: Photograph the decoration, date and time and store files securely.
- Check: Read the house rules and relevant paragraphs such as § 535 BGB.
- Inform: Write to neighbours and landlord, attach evidence and set a deadline.
- Act: Remove the decoration if necessary or seek mediation; as a last resort the local court may decide.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) § 535
- [2] Information on courts in Germany
- [3] Federal Ministry of Justice - forms and guidance
