common law
You could easily get used to some things – the same applies to tenants and certain freedoms that can become a matter of course in the course of the tenancy. However, so-called customary law is not anchored in tenancy law. According to the German Tenants’ Association (DMB), the landlord or owner can lodge an objection even after decades of tolerated use.
If, for example, a basement compartment is used to store objects whose use has not been contractually stipulated, the landlord can ask the tenant to vacate it even after many years. The same applies to the use of the garden or yard if this is not expressly mentioned in the rental agreement. The landlord therefore has the right to order the tenant to stop barbecuing in these areas, for example, even if this has been tolerated for years. The landlord can also prohibit the laundry from drying in the attic if this is not stipulated in the contract.
The so-called right of way also falls into the category of common law and can therefore be revoked by the landlord if this is not based on agreements under the law of obligations or emergency rights of way agreements. If the landlord changes his mind even after years of habitual use, he can prohibit tenants from walking on the paths and, if necessary, even set up barriers if his orders are violated.
rental contract
The basis of a good tenancy between the landlord and the other residents of the house is a clear tenancy agreement. Since the subsequent enforcement of certain claims usually proves to be difficult, tenancy agreements should be clarified and set out in writing at the beginning of the tenancy. The use of areas, rooms and paths that are not part of the living space is not a matter of course and should therefore be determined in prior written agreement with the landlord. In order to avoid disputes, the Central Association of German House, Apartment and Land Owners recommends drawing up a written agreement that states the landlord’s right of cancellation if tenants are subsequently given rooms, areas or paths.
House rule
In houses that are occupied by several parties, setting house rules can help to ensure a smooth coexistence. Common issues, such as general order and safety as well as the protection of the residential building, can be regulated uniformly by house rules. The agreement of usage rights, which several parties hold, is particularly important. For example, quiet times, safety regulations and issues relating to order should be binding for all residents.
Inna Warkus / Editor finanzen.net
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