The balcony in the tenancy

The balcony has a special position on a rental property. The rights deriving from the right of tenancy for a rented property can not be fully transferred to the balcony. Like other areas, it is subject to a special right of use.

Definition of the special right of use

Although the special right of use does not explicitly deal with the balcony. Nevertheless, this can be counted in some way. For this purpose, first on specific areas listed in the special-use law:

  • basements
  • Deep cooking Pitch
  • Parking, parking space, garage or carport in front of the house
  • terraces
  • Gardens or garden shares

All these areas have in common that they would be open to the public. That makes them different from the balcony. Nevertheless, the balcony is in an exposed position on the house facade in a way also in public, which leads to a special right of use. Special use, because the rights and obligations, as you exist in a rental apartment, can not be transferred without restrictions.

The limited use of the balcony according to tenancy law

First a typical example. Many people use (or want) the balcony for barbecues. The apartment now has the basic right to cook and prepare food there. But that is not so on the balcony. Finally, other tenants could be harassed by smoke and haze when grilling with a charcoal grill. This is where the so-called private immission protection law comes into play.

Barbecuing is not an inviolable right

On the other hand, grilling is a typical leisure activity in our society. In this action, people should not be restricted. Therefore, neighbors' rights when it comes to barbecuing are not a one-way street as far as non-acceptance is concerned. Numerous court judgments have already referred to it and the grilling in the number of grill intentions, the annual and the individual grill times regulated and assessed.

It does not necessarily have to be completely forbidden

Depending on the court ruling, the decisions range from once a month to a maximum of four times a year and limited to the times of 5:00 pm to 8:00 pm, but according to other judgments (Stuttgart) also to 0:00 am. But not only when grilling there are the usage restrictions. Structural and visual changes can also be affected.

Structural and visual changes

This includes, for example, retrofitting a balcony partition. This could limit the neighbor's free development. The same applies to a view or wind protection on the balcony. Not only the neighbor could feel restricted. In addition, such an assembly can mean:

  • an interference with the building fabric
  • Changing the appearance of the facade

In addition to the rental law, other rules apply

Both need not be accepted. It's not just about the neighbor who could complain and fight back. The following institutions can significantly cut their rent right here:

  • construction and building regulations (from building code to the state building regulations to the local development plan)
  • Conditions and regulations of the landlord (house rules, lease)
  • Conditions and regulations of home or owner management
  • Rights of the neighbor

On the other hand, it can lead to the fact that the removal of an existing when signing the lease privacy on the balcony after removal can lead to a rent reduction due to limited use of the balcony.

Plants on the balcony: yes, but no

Another good example of how much tolerance is demanded on the balcony is shown by plants as a balcony protection from plants. Generally, plants on your balcony are to be accepted by neighbors (also above or below you). But plants lose leaves, so they generate dirt and dripping water can occur. This is only conditionally accepted by neighbors. On the other hand, balcony plants can also be governed by the lease or even banned.

Always tricky: tenancy, balcony and animal husbandry

So also with the animal husbandry on the balcony. While livestock, for example, cats may be allowed in the apartment, this does not necessarily apply to the balcony. Even if you make your balcony cat-proof, it does not necessarily mean that you are allowed to keep cats here. According to a court ruling, tenants can obtain a rent reduction for the balcony if other cats are attracted. It is likely to be assumed that landlords should be less excited about it.

Conclusion: the tenancy law requires a lot of tolerance from tenants

So you must always see the use of the balcony a bit decoupled from the tenancy law. Many areas can not be clearly defined by law - or what amount of foliage should be given as minor or annoying? Tolerance and a harmonious coexistence are therefore always the most important prerequisites to preserve the peace of the house.

Tips & Tricks

In the house journal you will find numerous articles that deal with balconies. The guides range from the definition of a loggia as a balcony over the wooden balcony to the screed for a balcony.

Video Board: Camden: Tenants flats: Belongings dumped on scaffolding, balcony, middle of room.