Tenant Rights: Stairlift Approval in Germany
Legal framework
Fundamentally, the obligations from the German Civil Code (BGB) regulate the landlord's maintenance duty and the tenants' usage rights. In many cases a structural change such as a stairlift is a "duty to tolerate" involving the tenant and landlord, but it must be balanced: reasonableness, costs and structural regulations play a role.[1]
How tenants request approval
- Written application to the landlord with a precise description of the modification and the desired installation date.
- Attach photos and defect documentation that demonstrate the need for a stairlift.
- Attach contractor offers and cost estimates and propose how costs could be shared.
- Set deadlines: for example, request a reasonable response period of 14 to 28 days.
- Offer alternatives, e.g. a mobile lift or tenant-funded solution, to facilitate negotiations.
If the landlord refuses
If the landlord refuses or does not respond, tenants can enforce tolerance in court. The local courts (Amtsgerichte) are usually the first instance; higher instances are the Regional Court or the Federal Court of Justice for fundamental questions.[2] Before suing, consider mediation and seek legal advice.
Forms and templates
There is no nationwide standard form for a tolerance request, but two important document types should be prepared:
- Written tolerance request to the landlord (no national template; a simple dated letter with description and deadline is sufficient).
- Sample complaint for the local court in case of dispute (court claims use standardized complaint forms or complaints; check with your local court first).
Practical example: Phrase the request as follows: "I hereby request the tolerance of the installation of a stairlift at the stairwell of apartment X; enclosed three cost estimates; please reply by DD.MM.YYYY." Refer to medical necessity and attach supporting documents.
FAQ
- Can I install a stairlift without landlord approval?
- No. Generally you need the landlord's approval or a court-issued tolerance. Unauthorised modifications may trigger claims for damages or restoration obligations.
- Who pays for the stairlift?
- That depends on the agreement. Tenants, landlords or third-party payers (e.g. care insurance) can be involved; clarify this in writing and provide cost estimates.
- What deadlines apply for the landlord's response?
- A reasonable period is often between 14 and 28 days; in urgent medical cases justify the urgency and request a shorter deadline.
How-To
- Step 1: Send a written tolerance request to the landlord with description, offers and deadline.
- Step 2: Document the need (medical certificates, photos, care reports).
- Step 3: Clarify costs and attach estimates; check whether payers like care insurance can help.
- Step 4: If refused, seek discussion; if necessary file a claim at the local court.
Key takeaways
- Tenants should always request tolerance in writing and set deadlines.
- Evidence, offers and medical certificates are central pieces of proof.
