In apartment buildings with multiple tenants, house rules are considered good practice. They are intended to help organize the essential cornerstones of living together, prevent disputes, and bring all tenants up to the same standard. Nevertheless, not every set of house rules is legally binding, and not all regulated aspects actually have to be followed. What may be included in house rules, and what may not be included?
Evolving Case Law
Most of the points discussed here are subject to “evolving” case law, with changing interpretations. Many judgments regulate disputed issues in ever-new ways, so a generally legally binding statement on details is only rarely possible. In case of doubt, many potential problems should ideally be clarified in a personal conversation or, in extreme cases, in court, with uncertain prospects of success.
The Purpose of House Rules
When a building has several apartments, not all tenants behave in the same way. Depending on behavior and tolerance, disputes may arise sooner or later. House rules can help provide everyone with a code of conduct that defines the boundaries of their own actions.
At the same time, the landlord may wish to guide how the property is treated and how people behave in certain directions. House rules are also suitable for this purpose, defining expectations of tenants that go beyond the rental agreement. House rules are therefore an instrument for improving communal life in a building through rules that are as gentle as possible, but clear.
There Is No Law on House Rules
Important: There is no law requiring house rules. Therefore, there are also no more precisely defined contents. The sole exception is the condominium owners’ association (WEG). If several parties own condominiums in a building, they must create house rules. This is governed by Section 19 of the Condominium Act.
Are House Rules Binding at All?
Although there is no statutory basis for issuing such guidelines, house rules may fall under contract law and be legally binding. Two possible variants must be distinguished:
- If the house rules are part of the rental agreement and are handed over to the tenant together with the rental agreement, this document is considered part of the contractual agreement and is legally binding. Attention: In this case, changes require the tenant’s consent!
- If the house rules are not part of the tenancy agreement, they are not legally binding. This is the case, for example, if the content is displayed in the stairwell or handed over as a simple sheet of paper without any connection to the tenancy agreement.
The difference lies in the possible consequences of a violation. Tenants who do not comply with general house rules have little to fear legally. However, failure to comply with rules may be regarded as a general disturbance of the peace in the building. In this case, the landlord may be able to take action.
It is quite different when house rules form part of the tenancy agreement. If a tenant then violates the rules laid down, the landlord can issue this person a formal warning. Before doing so, however, the landlord should admonish them verbally or in writing and ask them to comply with the rules. Following further violations, a justified termination of the tenancy may result from a formal warning.
Personal rights take precedence over peace in the building – not always!
When assessing the contents of the house rules, another important point also applies. The contents listed may not impose on the tenant duties that go beyond the obligations specified in the tenancy agreement. If, for example, only the house rules regulate stairwell cleaning or the community’s winter maintenance, this obligation is invalid and need not be followed. Such requirements are valid only if the obligation is already mentioned in the tenancy agreement.
Furthermore, the contents may not unduly disadvantage the tenants’ personal development. This includes, for example, restrictions that excessively prohibit normal use of the apartment or normal activities in the apartment. Examples include showering at night or washing laundry on Sundays.
However, it is entirely possible to completely or substantially restrict disruptive activities, or limit them to certain times, with reference to the excessive disturbance of other tenants. These may include playing music, listening to music, doing DIY work or barbecuing on the balcony. In the event of disagreement about the interpretation, it is worth consulting the current case law on the specific point.
What may be included in house rules?
Landlords would like to regulate many details of living together. Nevertheless, the house rules should be limited to essential Restrict points. Only if the house rules form part of the tenancy agreement may winter maintenance, gardening work, and the cleaning of the stairwell and other communal areas be regulated therein—as opposed to a legally non-binding version posted in the stairwell or handed out individually. Most other content can be found in both versions of the rules. These include:
- Ventilation and heating: The landlord may set general requirements for regular ventilation and heating. This includes, for example, conduct in communal areas.
- Quiet hours: Most house rules contain information on special quiet periods as well as nighttime quiet hours. These may go beyond the municipality’s legal requirements, but must not make normal residential living impossible. Typical quiet hours are between 10 p.m. and 6 a.m., as well as on Sundays and public holidays; in some regions, this also includes midday hours between 12 p.m. and 3 p.m. In some cases, noisy activities must already be restricted from 7 p.m.
- Use of communal areas: The landlord may set requirements for the use of areas such as the garden, attic, basement corridors, or the stairwell. This usually concerns the times when these areas are accessible or conduct there.
- Cleanliness/Storage of items: The landlord may establish rules for cleanliness in communal areas. This includes, for example, the storage of waste or bulky waste and the parking of bicycles, prams, or other items. However, not all prohibitions are permitted. For example, the landlord may prohibit prams from being left in the stairwell only if this blocks the escape route. A prohibition on bicycles is less vulnerable to challenge if there is a secure storage option in the basement or rear courtyard.
- Barbecuing: In principle, there is no general legal permission to barbecue in communal gardens or on the balcony. In some cases, structural conditions may justify a ban. If smoke regularly drifts into the other tenants’ apartments, the landlord may prohibit barbecuing on the balcony or designate a place in the garden away from the windows.
- Security of access points: The landlord may instruct tenants to lock the entrances to the building, such as the front door, from a certain time. However, an important practical reason weighs against this: Locked building entrance doors can, for example, make it more difficult for emergency services to provide rapid assistance in an emergency.
- Elevators: If a property has elevators, the landlord may regulate access to and use of them. For example, tenants may be instructed not to allow their young children to ride alone. Likewise, notices may state that the elevator must not be used with loads exceeding the permissible total weight. However, it is not permissible to restrict use to certain times.
In principle, further points may be included in house rules. However, most documents are limited to these aspects of living together. The individual provisions and rules are often very specific.
What may house rules not contain?
However, there are prohibitions and restrictions that the landlord may not impose through such an agreement. These include, among others, the following points:
- Ban on visitors: The landlord may not prohibit tenants from receiving visitors or allowing visitors to stay overnight.
- Ban or restriction on children’s noise: Even if many tenants are bothered by children’s noise, tenants and landlords must tolerate the volume of children’s noise.
- Bans on bathing and showering: The proper use of an apartment includes the possibility of personal hygiene. The landlord may not tie this to specific times. Therefore, house rules may not prohibit showering or bathing at night.
- Laundry: House rules may neither prohibit a washing machine, and thus washing laundry, nor drying laundry in the apartment. Corresponding provisions are legally invalid because they unfairly disadvantage the tenant. This also applies where laundry rooms and drying facilities are available. However, in these cases the tenant is liable, for example, for damage caused by mold formation. Likewise, the landlord may not prohibit washing during quiet hours, provided the noise level is sufficiently low. However, they may restrict drying laundry out of the window or on the balcony to the rear of the building, or exclude it on Sundays and public holidays.
- Pets: Pets are a frequent subject of disputes. According to current case law, the landlord may not generally prohibit tenants from keeping pets. However, they may make this dependent on the individual case by requiring their consent in the lease. A prohibition through general house rules not forming part of the lease agreement however, is considered insufficient.
- Making music: The landlord may establish quiet hours. However, they may not generally prohibit hobbies such as making music. As long as this remains within reasonable limits and is not excessively loud, they and the residents’ community must tolerate this noise.
When in doubt, show consideration!
The house rules are intended to regulate stress-free coexistence. Landlords tend to want to regulate as many details as possible. Frequently, fewer rules are better and more legally compliant.
Tenants tend to push rules to their limits. Ultimately, however, such a document is intended to spare everyone involved trouble. Tenants should therefore, even without house rules, show consideration for other tenants in their own interest and adjust their behavior. Ideally, house rules are then unnecessary.
As a set of rules governing communal living in a property, house rules are justified. However, they are relevant to the contract only if they form part of the lease agreement and do not impose additional obligations on the tenant or restrict their rights.