Eschweiler Local Court, 01/08/2014, Ref.: 26 C 43/14
The term living space includes rooms that are intended for living - i.e. primarily for sleeping, eating and permanent private use - and are part of the interior of a building. A dwelling is therefore the sum of the rooms that make it possible to run a household.
Time and again, disputes arise between landlords and tenants about what is still covered by the tenant's contractual use and what is not.
In the case discussed here, the Eschweiler Local Court had to decide whether the landlord had the right to demand that the tenant remove a so-called solar light chain.
Facts of the rental dispute
The defendants rented a flat from the plaintiff that had two balconies, one of which faced the street. The ground floor of the building housed a doctor's surgery. The street was a residential street in which freelancers such as doctors, lawyers, tax consultants and pharmacists worked.
Attaching the solar light chain
Since autumn 2013, the defendants had installed a string of solar lights on the balcony grille of the balcony facing the street. The plaintiff demanded the removal of this string of lights in court, as she felt that the reputable impression of her house was impaired. The defendants rejected this claim.
Complaint and legal basis
The plaintiff then sued the defendants to remove the solar light chain and invoked Section 13 of the rental agreement. This clause states that the tenant requires the landlord's prior consent for repairs, structural or other changes and new installations.
Judgement of the Local Court of Eschweiler
The Eschweiler Local Court ruled that the plaintiff was not entitled to the removal of the string of lights, not even under Section 541 BGB. The use of the string of solar lights was to be regarded as contractual use of the rented property. In particular, the installation of a chain of lights on the balcony was not dependent on the plaintiff's consent, as chains of lights were not expressly mentioned in the clause and were therefore not covered.
Interpretation of the rental clause
The list in the clause is limited to facilities that serve a commercial activity and the fairy lights do not fulfil these conditions. In addition, the reservation clause contains the landlord's promise to decide on the permissibility of specific installations on a case-by-case basis, taking into account the interests involved.
Right to use the balcony area
According to Section 535 (1) sentence 2 BGB, the tenant has the right to use the balcony area. This includes the installation of objects that are necessary for their own use, as long as the substance of the rented property is not impaired and no lasting changes or disturbances occur. Permitted uses include, for example, setting up parasols or installing flower boxes.
General acceptance of fairy lights
Nowadays, it is widespread to decorate balconies with fairy lights not only at Christmas time, but also all year round. Solar-powered outdoor lights are now standard products in DIY stores and are also offered by discounters. Therefore, the installation of fairy lights in the balcony area is generally covered by contractual use.
By way of exception, a refusal could be considered if the use would impair specific interests of the applicant. However, this was not the case, meaning that the plaintiff had to tolerate the use of the solar light chain.
Source: Eschweiler Local Court
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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