Unauthorized grilling may result in termination of the rental agreement
Because there are no laws that generally prohibit barbecuing on the balcony, the house rules or the regulations stipulated in the rental agreement always apply to tenants – and you should stick to the house rules and the rental agreement: The website bussgeldkatalog.org states that for “multiple barbecuing on the balcony contrary to the house rules” by the Essen Regional Court in 2001, the termination of the lease and the assumption of the costs of the legal dispute by the tenant. A breach can therefore have serious consequences.
Neighbors can request an injunctive relief in the event of significant impairment
Basically, the greater the distance between the grill and neighbors, the better. Because the law regulates that you can submit a claim for injunctive relief if smoke or other disruptive factors caused by neighbors impair the use of your own property. Section 906 of the German Civil Code states: “The owner of a piece of property may request the allocation of […] smoke, soot, heat, noise […] and similar effects emanating from another piece of property insofar as the effect does not impair the use of his property or only insignificantly.” § 1004 BGB further regulates: “If property is impaired in a way other than by confiscation or withholding of possession, the owner can demand that the disruptor remove the impairment. If further impairments are to be feared, the owner can sue for injunctive relief.
So if you have to expect that the neighbors will have barbecues again in the future, you can ask the landlord to make a claim for injunctive relief.
If you are the grilling party yourself, such a legal step taken by the neighbors can prompt your own landlord to issue a reminder.
Barbecue on the balcony: Too much smoke is a disturbance of the peace
Over the past few decades, different courts have made very different judgments about how often grilling is allowed on the balcony. The district court of Stuttgart ruled that barbecuing on the terrace is only allowed three times a year (Az. 6 C 545/96). The district court of Schöneberg, on the other hand, ruled that barbecues may be held 20 to 25 times a year in a youth hostel (Az. 3 C 14/07). These different judgments make it clear how much the permission to grill on the balcony depends on the individual case. To avoid legal action, barbecue fans should…
… consider and comply with the house rules and the rental agreement.
… always inform the neighbors in advance about barbecues.
…create as little smoke as possible when grilling.
… always be considerate of the neighbors.
By the way: As DAHAG explains, smoke is a disturbance of the peace, just like noise pollution. A low level of noise pollution is therefore not enough to prevent a visit from the public order office.
Editorial office finanzen.net
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