Is the landlord allowed to dispose items?

German law protects tenants from arbitrary interference by landlords in many cases. As long as they abide by the rental agreement, there is usually no reason for trouble. But sometimes landlords overstep their bounds. What happens, for example, if the landlord removes objects in the hallway? Or if the tenant’s belongings are still in the apartment after the tenant has moved out?

Objects in the hallway

Across Germany, it is a very common sight in houses: Tenants have placed personal items such as shoes, doormats or baby carriages in front of or around the perimeter of their apartment door. In most cases, neither other tenants nor the landlord are bothered by this, but if trash or plants are added, conflicts can quickly arise.

As a general rule, all parties in a rental house have the same right to use the hallway. Be it for transportation or simply to get from the front door to the apartment. Therefore, personal belongings in the hallway should not disturb, interfere with or endanger other tenants. Tenants should be especially careful not to block escape routes with their belongings. If tenants are prevented from leaving the house in the event of an emergency or if access is blocked for rescue teams, for example by a stretcher, this will fall back on the person responsible.

Many leases therefore regulate the use of the stairwell. In some cases, however, when tenants are unreasonably disadvantaged, these rules are not valid. For example, if a tenant is dependent on a wheelchair and has no other place to park it, he or she can park it in the hallway, provided it is big enough. “Big enough” is regulated in the respective building codes of the federal states.

Therefore, in addition to wheelchairs, rollators or baby carriages may also be placed in the hallway, contrary to the house rules or the rental agreement, if the requirements are met. The landlord may tolerate the parking of bicycles as long as there is no alternative, such as a bicycle cellar. Shoes and garbage may only be placed outside the apartment for short periods of time. Decorations for 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 objects removed after a specified period. The costs for this are borne by the tenant. In such cases, the landlord may issue a warning or even terminate the lease in the event of repeated violations.

And if 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 belonged to the tenancy – i.e. remove all objects 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 completely vacate the apartment, the landlord must first give him a written warning. This includes a period of notice, 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; after all, they are the property of someone else. To avoid a claim for damages, he should keep 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. Nearly worthless items, such as a stained rug or old flower boxes, are unlikely to result in a lawsuit. Other items, however, such as art or technology, may have a much higher value than they initially appear. If necessary, the tenant can then claim a large sum as compensation for damages.