Can the landlord dispose of items?

In many cases, German law protects tenants from arbitrary interference by the landlord. As long as they adhere to the tenancy agreement, there is usually no reason for trouble. But sometimes landlords do overstep their boundaries. What happens, for example, if the landlord removes objects from the hallway? Or if the tenant's belongings are still in the flat after they have moved out?

Objects in the corridor

It's a common sight in houses all over Germany: Tenants have left personal items such as shoes, doormats or pushchairs in front of or around their front door. In most cases, neither other tenants nor the landlord are bothered by this, but if rubbish or plants are added, conflicts can quickly arise.

In principle, all parties in a rental property have the same right to use the hallway. Be it for transport or simply to get from the front door to the flat. For this reason, personal items in the hallway should not disturb, impair or endanger other tenants. Tenants should take particular care not to block any escape routes with their belongings. If tenants are prevented from leaving the house in an emergency or access is blocked for emergency services, for example with a stretcher, this will fall back on the person responsible.

Many tenancy agreements therefore regulate the use of the stairwell. In some cases, however, these rules do not apply if tenants are unreasonably disadvantaged. For example, if a tenant is dependent on a wheelchair and has no other place to park it, they can also park it in the hallway, provided it is large enough. "Large enough" is regulated in the respective building regulations of the federal states.

In addition to wheelchairs, rollators or pushchairs may therefore also be placed in the hallway, contrary to the house rules or the tenancy agreement, if the requirements are met. The landlord can tolerate the parking of bicycles as long as there is no alternative, such as a bicycle cellar. Shoes and rubbish may only be left outside the flat for short periods of time. Decorations for public holidays, on the other hand, are permitted as long as they do not obstruct anyone. So if you don't feel the need to put up a Christmas tree in the hallway, you're on the safe side.

If tenants violate the regulations and do not comply with the landlord's request to clear the hallway, the landlord may have the items removed after a specified period of time. The tenant bears the costs for this. In such cases, the landlord may issue a warning or even give notice of termination in the event of repeated offences.

And when the tenant has moved out?

If the tenant has already moved out, the situation is different. He must vacate all the premises and rooms that were part of the tenancy - i.e. remove all items belonging to him. This even includes fitted kitchens that were taken over from the previous tenant and not purchased by the landlord.

If the former tenant does not comply with the request to vacate the flat completely, the landlord must first issue a written warning. This includes a deadline, which is usually 14 days. The landlord can also immediately point out that all remaining items will be cleared at the former tenant's expense after the deadline has expired. However, the landlord may not dispose of the items immediately as they are, after all, someone else's property. To avoid a claim for damages, the landlord should store the items for two to three months.

If the landlord does not want to wait that long and disposes of the remaining items more quickly, tact is required. With almost worthless items such as a stained carpet or old flower boxes, there is unlikely to be a legal dispute. However, other items such as art or technology may be worth considerably more than they initially appear. The tenant may then be able to claim a large sum as compensation.