Grilling on the balcony

In Germany, having a barbecue on the balcony can lead to heated debates between neighbors. But what is allowed and what is not? Case law shows that it depends largely on the circumstances.

According to a decision of the Higher Regional Court in Frankfurt (Az.: 20 W 119/06), it will depend on the circumstances of each case whether barbecuing on the balcony can be prohibited without restrictions or allowed for a limited time. and/or location or will be permitted without restrictions. The decisive factors here are the location and size of the garden or balcony, the frequency of barbecues and the grill used.

Frequent charcoal grilling is very likely to cause a Annoyance to neighbors which they are not obliged to accept, so the landlord has the right to intervene. An electric or gas grill is more likely to be allowed as long as the smoke produced during grilling does not bother neighbors.

According to a decision of the AG Bonn (Az.: 6 C 545-96), occasional barbecues are permitted. The court settled the settled case and stipulated that the owner of an apartment building could ensure that tenants were only allowed to barbecue on their terraces or balconies once a month, from April to September, and this was due to smoke from the affected tenants. of the attic must be notified 48 hours in advance.

If the landlord prohibits barbecues in the house rules and this is part of the rental agreement, the tenant must respect this prohibition.

Celebrate outside

Celebrating outdoors or within your own four walls requires some consideration. Occasional social gatherings and celebrations with friends and family are generally accepted (LG Landshut, Ref.: 12 S 239–98), but evening celebrations are not (OLG Düsseldorf, Ref.: 5 Ss (OWi) 475/89).

Outdoor areas such as the balcony, terrace or garden are generally considered private spaces. But this in no way gives tenants and owners the right to hold noisy barbecues and all-night parties. “There are some rules here too,” explains Anja-Mareen Decker, head of the legal department at Advocard. “When you are outdoors, make sure that the volume of music or conversations is within an appropriate range and that other residents of the house are not disturbed.” am – In addition to having problems with your neighbor, you risk receiving a visit from the police. The fine will be due no later than the second time. As a rule, up to 1,000 euros are possible. The terrace or garden is usually part of the private living space. But this does not give tenants and owners the right to hold noisy barbecues and all-night parties. “There are some rules here too,” explains Anja-Mareen Decker, head of the legal department at Advocard. “When you are outdoors, make sure that the volume of music or conversations is kept within an appropriate range and that other residents of the house are not disturbed.”

Anyone who does not respect the general quiet times (from 1:00 p.m. to 3:00 p.m. and from 10:00 p.m. to 7:00 a.m.) runs the risk of receiving a visit from the police and having problems with the neighbors. The fine will be due no later than the second time. As a rule, up to 1000 euros are possible.

Sunbathing in the garden

Anyone who values ​​a flawless tan and sunbathes naked in the garden can rely on a court decision. The Merzig district court ruled that nudity in the garden did not disturb the peace of the house (case no. 23 C 1282/04). In this case, the landlord had notified the tenant and was unsuccessful in court. The nudist tenant was allowed to stay.

However, there are important exceptions: If the terrace and garden are completely visible and the neighbors are bothered by sunbathing without clothes, Article 118 of the Administrative Offenses Act (OWiG) can apply, as explained by lawyer Swen Walentowski. Consequently, too much bare skin can constitute a “nuisance to the general public” and therefore an administrative violation.

Naturists have especially bad chances if their garden, terrace or balcony is “near a playground, daycare, school or religious institution or if the behavior is particularly striking, or deliberately provoked,” explains Walentowski.

Maintain and trim the hedge.

If there is a hedge on the boundary between two properties, the owner of the hedge must maintain and trim it. If it is a rental home, the rental contract regulates who has to take care of it. If there is no clause in the rental contract, this obligation is automatically transferred to the tenant.

Each municipality regulates the height of the hedge through neighboring law. The basic rule is: the hedge should not be located directly on the property line. The usual distance is 50 centimeters. The further away from the edge the hedge is planted, the taller it can grow.

Hang clothes on the balcony.

Generally clothes can be dried on the balcony. Coat racks, clotheslines or clothes rails are permitted. House or rental agreement rules that prohibit drying clothes on the balcony are not legally sustainable. This is stated by the German Tenants Association (DMB). Even if the house rules explicitly state that wet clothes can only be hung in a specially designated drying room, you still have the right to dry clothes in your apartment or on your balcony.

Outdoor sex

Sex in the garden or on the balcony is different from sunbathing. This represents, at least in the opinion of the Bonn court, a disturbance of order in the house (ref. 8 C 209/05). If you still can't restrain yourself, you at least risk receiving a warning from the owner.

…and sex within your own walls?

Unusual noise levels may occasionally occur in apartment buildings. An interesting case occurred in Munich, where neighbors complained about persistent screeching coming from a neighboring apartment. The cause was the so-called “sex change.” Despite repeated notifications to those responsible, the situation did not change. The Munich District Court then considered that the residents' behavior was not socially appropriate and approved the termination of the rental contract (case number 417 C 17705/13).

Another case, which was heard before the Higher Regional Court in Hamm, also concerned noise pollution. It was highlighted here that in order to impose a fine for violating the noise protection law, it is necessary to determine exactly what effect the noise had and where exactly it can be heard. A general determination of volume is not sufficient (ref. 4 RB 111/16).

The rulings make clear that in such cases, a thorough investigation and documentation of the deterioration is required to justify legal actions such as dismissals or fines.

Shoes, stroller and walker in the hallway.

If there is not enough space in your own apartment, you can leave your shoes, walker or stroller in the hallway. This can annoy neighbors, especially if they can no longer enter your apartment undisturbed. What can tenants actually leave in the hallway?

A stroller can be parked in the entrance area and in the hallway as long as it does not significantly disturb the other tenants of the house. According to the DMB, this applies even if, according to the rental contract, parking the stroller in the hallway is expressly prohibited. The legal situation is similar with a walker. According to the German Tenants Association, the landlord is obliged to tolerate this if another storage location is neither possible nor reasonable for the tenant. However, the walker must not cause any annoyance or annoyance to other tenants in the hallway.

Basically, all the inhabitants of a house must keep in mind that the staircase is a common area that is mainly used to go from one apartment to another or to leave the house. To avoid problems with neighbors, nothing should be left in the hallway that could affect, disturb or even endanger the rest of the tenants.