Controversy in the stairway

Caption: Smokers must on the yard. In the hall smoking can be forbidden (source: panthermedia/Hannes Strasser). (openPR) - where the contact with the neighbours is inevitable

Munich, 14 February 2007. The stairway is a central place of the meeting with the neighbours. Naturally it can come there also to conflicts. In principle turning off of child balancing and Rollatoren is permitted in the stairway, if the hall is large enough (BGH, V ZR 46/06). „With ambiguity it is best to look for the discussion with the landlord. This will then weigh, what is possible in the stress ratio between security and housing requirements “, guesses/advises for Xaver Kroner, acting executive committee of the VdW Bavaria (federation of Bavarian housing enterprises).

The Federal High Court got straight that also the stair corridors are regularly along-rented. Here the right of the tenant apart from turning off child balancing or wheelchairs covers also the placing of mails through third in the hall, if the receiver is not attainable. A condition is however that from the articles stored in the stairway no dangers or annoyances proceed for the inhabitants. This can be judged when Rollatoren and child balancing only in individual cases. Setting up shoe cabinets or larger flower pots exceeds the right of common of the tenant however regularly. The VdW Bavaria recommends therefore to ask the landlord for permission with planned larger interferences - like a hanging up of pictures or a setting up of flower pots in the stairway -.

With child noise tolerance of the co-inhabitants is announced. For the regional court Munich is not infant shouting, which is to be heard when morning leaving a dwelling in the stairway, a reason for a renting reduction (LG Munich 31 S 20796/04). The court granted that from children a certain noise level proceeds, which is completely natural however.

Naturally the tastes go apart when cooking. But even if the neighbour is a friend of the exotic kitchen: Household-usual meal smells in the corridor must be tolerated (AG Hamburg Harburg, WM 93, 39). However if the Eingangstür is used for airing the dwelling, do not have to be waited the penetrating smells (AG Saarbruecken, DWW 94, 186).

Also arbitrary smell improvement by spraying perfume is not permitted in the stairway of a Wohnungseigentümergemeinschaft (OLG Duesseldorf, Wx 98/03). And the use of the hall as „smoker rooms “can be forbidden (AG Hanover AZ 70 II 414/99). In the concrete case residential properties up to five cigarettes in the stairway had smoked daily, since its wife did not stand a smoking in the dwelling for health reasons.
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The casting is free. We ask for a specimen copy.
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Partner for the media:

Tobias Straubinger, medium adviser
VdW Bavaria
Stoll mountain route 7, 80539 Munich
Telephone: (089) 29 00 20-305, fax: (089) 228 59 40
E-Mail: tobias.straubinger@vdwbayern.de
Internet: www.vdwbayern.de

Karina Möckel, team 1 “building & living”
ComMenDo agency for enterprise communication GmbH
Hofer road 1, 81737 Munich
Telephone: (089) 67 91 72-0, fax: (089) 67 91 72-79
E-Mail: karina.moeckel@commendo.de
Internet: www.commendo.de

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In the VdW Bavaria scarcely 500 Bavarian housing enterprises are united to 339 housing cooperatives and 83 local housing enterprises - under it. The member enterprises administer approximately 560,000 dwellings, in which a fifth of all Bavarian tenants live.

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