Tenant Rules for Stairwell Decoration in Germany
As a tenant in Germany you may often wonder what is allowed in the stairwell and how to avoid conflicts with neighbours and the landlord. This guide clearly explains your rights and duties under house rules and the BGB, gives practical examples and a short checklist for common decorations such as plants, fairy lights or doormats. You will learn when consent is required, which safety and fire protection rules apply and how to object formally or propose a settlement. The tips are aimed at apartment buildings with shared areas and help you find fair compromises, avoid damage and resolve disputes calmly. At the end you will find a step-by-step guide, sample forms and links to official sources.
What applies legally?
Legally, the provisions of the German Civil Code (BGB) regulate the main duties of landlord and tenant, including maintenance, usability and restrictions on use.[1] House rules can impose additional regulations but must not contradict statutory rights.
House rules and consent
The house rules are part of the tenancy and are often linked in the lease or provided separately. Many decorations do not require explicit permission as long as safety and escape routes are not affected; if in doubt, ask the landlord. In contested cases, courts such as the local court or higher instances decide.[2]
Fire protection, escape routes and safety
Fire protection and unobstructed escape routes take precedence. Objects that block stairways or cover extinguishers are generally not permitted. For court actions, the rules of civil procedure (ZPO) apply.[3]
Typical cases and practical rules
- Plants: Check fire safety and risk (safety); some plants must not block escape routes.
- Fairy lights: Electrical installation can create maintenance (maintenance) and liability issues.
- Doormats outside apartment doors: Pay attention to fire safety and shared access (entry).
- Seasonal decorations: Short-term rules often apply during holidays (calendar).
How to assert your concern
Proceed step by step: first try to resolve matters with neighbours and the landlord; if that is insufficient, document the issue and request remediation in writing. Only if all out-of-court steps fail should legal action be considered.
- Written defect notice to the landlord: describe the problem, location, deadline and requested action.
- Documentation: photos, dates, witnesses; attach evidence (evidence).
- If necessary: file a suit at the local court; jurisdiction lies with the local court and higher instances such as the regional court or BGH.
FAQ
- Who can set rules for the stairwell?
- The house rules and the landlord in accordance with the BGB set the rules. In disputes, the local court decides.[1]
- Can the landlord ban all decorations?
- No, blanket bans are limited; they must be proportionate and justified by fire safety or neighbour protection.
- What to do in a conflict with neighbours?
- Talk to them, document incidents and, if necessary, send a written request to the landlord.
How-To
- First check the house rules and note relevant clauses.
- Talk to affected neighbours and propose an amicable solution.
- Document decoration and possible risks (photos, dates, conversations).
- If no agreement is possible, send a written request to the landlord and seek legal advice.
Key Takeaways
- Fire safety and escape routes have priority over personal decoration.
- Early communication with neighbours reduces conflicts.