Berlin (dpa / tmn) – Not only the apartments, but also balconies, house facades or stairwells are often lavishly decorated in the run-up to Christmas. However, there are limits to be observed here, explains the German Tenants’ Association (DMB).
Tenants can attach Advent wreaths to their apartment door. The neighbors have to live with it. However, co-tenants do not have to accept if the entire stairwell is decorated according to the ideas of a tenant, the Münster District Court ruled (Az .: 38 C 1858/08).
Even Christmas fragrance sprays are not allowed to be sprayed all over the house, as this affects the coexistence of the residents, decided the Düsseldorf Higher Regional Court (Az .: 3 WX 98/03).
Fairy lights and Christmas decorations on the balcony are allowed if they are securely installed. The house facade must not be damaged in the process. It is a widespread custom to decorate windows and balconies with electric lighting at Christmas time, the Berlin district court found (Az .: 65 S 390/09).
But: The pre-Christmas illumination must not disturb the neighbors excessively. If the neighboring apartments are forced to light all night as a result, neighbors can request that the lights be switched off from 10 p.m.
If an Advent wreath catches fire and there is considerable damage to the apartment, the landlord’s building insurance must pay for the damage. This applies at least if the tenants can only be accused of simple negligence. The insurance company cannot claim recourse from the tenants, nor can it demand that the tenants have to switch on their liability insurance, the Federal Court of Justice decided (Ref .: VIII ZR 67/06).
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