Tenant Rights in Germany: Strollers in Halls
Many tenants in Germany face a practical problem: where to store strollers in multi-family buildings? Whether in narrow stairwells or shared areas, the issue touches tenancy law, house rules and safety. This guide explains in plain language what rights you have as a tenant, how house rules affect you and which steps help avoid conflicts with neighbors or the property manager. You will receive practical documentation tips, a template for a short sample letter to the landlord or property manager and guidance on when legal action may be appropriate. The information is based on German law and shows clear steps for tenants in cities with limited space.
Rights and Duties
Landlords are obliged under tenancy law to maintain the apartment and areas intended for contractual use in a condition suitable for that use. This also concerns safety and clearance in hallways; specific duties are derived from the Civil Code (BGB, §§ 535 ff.).[1] In each case, a balancing of the interests of individual tenants and the protection of the community decides, for example regarding fire safety or escape routes.
House Rules and Safety
The house rules often regulate whether and how items may be stored in the stairwell. Rules on cleanliness, keeping escape routes clear and fire protection generally take precedence over individual storage wishes. If the house rules contradict applicable law, individual clauses may be invalid. Respond promptly to warnings or safety orders, because in serious violations landlords can initiate legal action and, if necessary, involve the local court.[2]
Practical Steps for Tenants
- Check the rental agreement and house rules for specific provisions on storing items.
- Create documentation: photos of the storage spot, dates, and any consents from neighbors.
- Talk to the property manager or landlord and propose concrete solutions (e.g. dedicated spot, storage box).
- Send a written template letter, set a deadline and ask for written confirmation.
- If necessary: consider legal remedies and possibly a claim or interim measures at the competent local court.
Sample Letter to Landlord / Property Manager
Here is a short example you can adapt: "Dear Mr/Ms [Name], please clarify in writing whether I may permanently store a stroller in the hallway outside apartment [number]. For safety reasons I ensure escape routes remain clear and keep required distances. Please inform me of possible alternatives (e.g. storage box in the basement). Sincerely, [Name]." Use this letter as a starting point and attach photos and dates.
When Are Legal Steps Appropriate?
Legal steps are usually the last resort, for example when a warning was ineffective or the property manager demands removal. Civil procedure law (ZPO) governs proceedings and jurisdiction for tenancy disputes; eviction claims are typically handled by the local court.[2] In certain cases, decisions of higher courts (e.g. the Federal Court of Justice) can be relevant for interpreting tenancy law and house rules.[3]
FAQ
- Can the landlord completely ban storing a stroller in the hallway?
- A general ban is possible if it is in the house rules and the hallway must remain free of hazards. However, blanket bans are not always enforceable if there is no concrete danger.
- How do I draft a sample letter to the property manager?
- Write briefly, factually and include a date. State the location, size of the stroller, assure that escape routes are kept clear, and request a written reply within a reasonable deadline.
- When does a warning or eviction threaten?
- Repeated breaches of the house rules or endangering safety can lead the landlord to issue warnings and potentially pursue legal steps up to eviction.
How-To
- Check the rental agreement and house rules for specific provisions on storing items.
- Create complete documentation: photos, dates, witnesses and prior communications.
- Talk to the landlord or property manager and propose workable solutions.
- Send a short dated letter with a deadline and include the documentation.
- If that fails: obtain advice and consider filing a claim or interim relief at the competent local court.
Help and Support / Resources
- § 535 BGB - Duties of the landlord
- Code of Civil Procedure (ZPO) - Procedural law
- Federal Court of Justice (BGH) - Information and decisions