Tenants: Stairwell Decoration Rights in Germany
Legal basis
Landlord duties and tenant rights are regulated in the German Civil Code (BGB), especially concerning maintenance and use of the rented property.[1] In case of dispute, the local court (Amtsgericht) usually decides in the first instance; appeals can reach the Federal Court of Justice (BGH).[2]
Allowed and problematic decorations
Whether something is allowed depends on duration, safety and the house rules. Check in advance whether decoration affects escape routes, fire safety or communal rights.
- Small plants on the landing are usually allowed as long as escape routes remain clear.
- String lights are allowed if they are securely fastened and not a fire hazard.
- Fire and safety regulations must not be violated.
- Permanently attached structures or blockages often require the landlord's or owners' association's consent.
Practical steps for tenants
Proactive measures and actions in a dispute include documenting, communicating, attaching safely and reviewing legal steps if necessary. Official templates and sample forms are available from government sources.[3]
- Document photos, dates and conversations as evidence.
- Obtain written consent or use model forms such as the BMJ sample termination/notice letter.[3]
- Follow safety requirements: keep distance from steps and ensure handrails remain accessible.
- In serious disputes, the local court (Amtsgericht) may be involved.[2]
FAQ
- Do I need the landlord's permission to hang string lights in the stairwell?
- Usually yes if the decoration is permanent or safety-relevant; for purely decorative, temporary items an informal agreement often suffices.
- Can the house rules prohibit stairwell decoration?
- Yes, valid house rules can include restrictions as long as they do not conflict with mandatory law.[1]
- Where do I turn in a legal dispute?
- Rental disputes are typically heard first at the local court (Amtsgericht); the Federal Court of Justice (BGH) may give precedent-setting rulings.[2]
How-To
- Photograph the decoration and note the date and location.
- Talk to the landlord and ask for written consent.
- Check fire safety and remove anything that blocks escape routes.
- If necessary, submit evidence to the local court or seek legal advice.
Key Takeaways
- Documentation protects your rights in disputes.
- Written consents serve as clear proof.
- Safety comes first: respect fire rules and escape routes.
Help and Support / Resources
- German Civil Code (BGB) §§ 535–580a
- Federal Court of Justice (BGH) — decisions and information
- Federal Ministry of Justice — forms and information