Can my landlord dictate how I design my apartment?
June 10, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
I am contacting you with a question regarding rental law that is currently concerning me. My name is Georg Weinert and I am a tenant of an apartment in Berlin. Recently, my landlord informed me that I should adjust the design of my apartment to his specifications. For example, he wants me to change the color of my walls and remove certain pieces of furniture.
I have decorated my apartment according to my personal taste so far and feel very comfortable in it. I do not understand why my landlord suddenly wants to have influence on the design of my apartment. I am worried that he could make further regulations and restrict my personal freedom as a tenant.
Therefore, my question to you is: Is my landlord allowed to dictate how I design my apartment? Are there legal regulations that protect me as a tenant and strengthen my rights in this matter? What options do I have to resist the regulations of my landlord?
I thank you in advance for your help and look forward to your expert advice.
Sincerely,
Georg Weinert
Dear Mr. Weinert,
Thank you for your inquiry regarding tenancy law concerning the decoration of your apartment. It is understandable that you are concerned if your landlord suddenly imposes regulations on how you can decorate your apartment that do not align with your personal preferences.
In general, a landlord can impose certain restrictions on how the apartment is decorated. However, there are limits that they must adhere to. The landlord has a legitimate interest in maintaining the rental property in good condition and preventing damage, which includes the decoration of the apartment. If the landlord has legitimate concerns that your chosen decoration could lead to damages (for example, using improper wall paint), they can indeed impose regulations.
However, it is important to note that the landlord cannot arbitrarily impose regulations that restrict your personal freedom as a tenant. As a tenant, you have the right to furnish your apartment to your liking, as long as you do not cause permanent damage or violate legal regulations.
There are legal regulations in tenancy law that protect tenants from arbitrary regulations by landlords. Section 535 of the German Civil Code (BGB) states that the landlord must grant the tenant the rightful use of the rental property. This means that the tenant generally has the right to use and decorate the apartment, as long as they do not damage or excessively alter the rental property.
If you wish to challenge your landlord's regulations, you can rely on these legal provisions. You can politely but firmly inform your landlord that you have the right to decorate your apartment to your liking, as long as you treat the rental property properly.
If your landlord continues to insist on their regulations and you feel that your rights as a tenant are being restricted, you can seek legal advice. A lawyer specialized in tenancy law can help you assert your rights and potentially take legal action against your landlord.
I hope this information has been helpful to you, and I am available for any further questions you may have.
Best regards,
Oliver Hentschel
Lawyer specializing in tenancy law
