Stairwell Decorations: Tenant Rights in Germany
As a student living in a shared flat or student residence, the question of which decorations are allowed in the communal stairwell can quickly lead to disagreements. Tenants want a personal atmosphere, landlords and neighbors expect safety, fire protection and compliance with the house rules. In Germany, tenancy law and the house rules determine what is permissible; when in doubt, clear agreements, documentation and, if necessary, legal steps before the local court can help [2]. This guide explains in practical terms which decorations are typically permitted, which liability and safety risks exist, how students can resolve conflicts with landlords or property management constructively, and which official forms and procedures are relevant.
Who is allowed to decorate the stairwell?
In principle: the stairwell is a communal area. The house rules are decisive; without explicit permission, permanent attachments should be avoided. Short-term, non-hazardous decorations are often tolerated, but permanently attached items may be considered part of the property and must be coordinated.
Legal basis and liability
Landlord obligations and tenant rights arise from the German Civil Code; in particular, §§ 535–580a BGB govern tenancy and maintenance duties [1]. In case of damage or if decoration obstructs escape routes, liability issues can arise. Fire protection regulations and local ordinances must also be observed.
Practical rules for students
- Ask the property management or landlord for permission first.
- Use only non-flammable, easily removable fixings.
- Keep escape routes, lighting and handrails clear.
- Document agreed permissions in writing via email or minutes.
If the landlord objects
If the landlord forbids decorations or demands removal, check the house rules and any prior agreements. If the landlord demands removal or compensation, formal letters and possibly mediation can help; as a last resort, recourse to the local court for tenancy disputes is possible [2], governed by civil procedure rules [3].
Forms and sample letters
For serious disputes, standard forms and sample letters are useful, e.g. termination letters or cease-and-desist requests. Samples and guidance are available from the Federal Ministry of Justice and official portals [4]. Always adapt templates to your case and document deliveries and responses.
Concrete steps
- Before decorating: read the house rules and inform roommates.
- Obtain written consent from property management or landlord, if possible by email.
- Attach only safe, easily removable decorations and document everything with photos.
- If objected to: negotiate politely, suggest safe compromises, and send a formal letter if needed.
FAQ
- May I install flowers and small fairy lights in the stairwell?
- Small, non-flammable decorations are often permitted provided they do not obstruct escape routes and do not create a fire hazard; ask property management in advance.
- What legal basis applies if the landlord bans decorations?
- Rights and obligations arise from the BGB and the individual house rules; in case of dispute the local court may be competent [2].
- What deadlines apply if I receive a removal request?
- Observe the deadline stated in the letter and respond in time; if uncertain, seek legal advice or the student legal aid at your university.
How-To
- First read the house rules and note the relevant passages.
- Ask property management in writing for permission and save the reply.
- Attach only safe, removable decorations and document everything with photos.
- If objected to: negotiate politely, propose compromises, and send a formal letter if necessary.
Key Takeaways
- The house rules usually determine what is allowed in communal areas.
- Written permissions reduce later liability risks.
- If escalated, the local court is the first judicial authority to consult.
Help and Support / Resources
- Federal Ministry of Justice – information and forms
- Statutory text: German Civil Code (BGB)
- Federal Court of Justice (BGH) – case law