District Court Freiburg, 10.12.2013, Case No.: 9 S 60/13
Tenants of residential property are generally obliged to refrain from any disturbing noise caused by behaviour that exceeds room volume between 10.00 pm and 7.00 am and from 1.00 pm to 3.00 pm. This is laid down in the Federal Immission Control Act and the relevant state immission control laws as well as other guidelines. Many tenants ask themselves whether a washing machine is permitted in the flat or whether a washing machine can be prohibited in the flat. According to the tenancy law on laundry rooms, this depends on the respective tenancy agreement and the house rules.
However, tenants must also observe the tenant’s duty of consideration during other times and are therefore not entirely free in their behavior within their living spaces.
Nonetheless, normal living noises caused by tenants must be tolerated by other tenants; these include, in particular, noises generated by the tenants‘ children.
Whether the noises generated by washing machines and dryers placed within the apartment also constitute normal living noises was the issue to be decided by the District Court of Freiburg in the aforementioned case.
When using a washing machine in a rented flat, you should pay attention to the washing machine volume in the flat to avoid conflicts with neighbours. Anyone using a washing machine in the flat should check whether the tenancy agreement contains clear regulations on this.
Case Facts of the Court Decision
The plaintiffs and defendants had a rental agreement for an apartment in a newly constructed building. After moving in, the plaintiffs, as tenants of the rental apartment, initially placed their washing machine and dryer in the shared laundry room of the apartment building.
Other Tenants Complain About Washing Machine in the Apartment
In the course of the tenancy, the tenants then moved both the washing machine and the tumble dryer into their flat. This then led to complaints from those tenants who lived in the neighbouring flat. Many tenants do not know whether they are allowed to connect a washing machine in the bathroom or whether a fitted kitchen washing machine is provided. The decisive factor is whether the installation is carried out professionally and there is no risk of moisture damage.
Landlords Amend House Rules
To force the tenants to move the washing machine and dryer back out of the apartment, the defendants, as landlords, amended the house rules, citing a clause in the rental agreement with the following wording:
„To maintain order and for the use of common facilities, the house and garage rules on page 11 apply. They are part of this contract. The landlord is permitted to change these regulations if there are factual reasons to do so.“
The house rules then included the following clause:
Washing machines and tumble dryers may not be installed in the flats; each tenant has their own connection point in the laundry room. In some buildings, a washing machine is provided on each floor or in a common laundry room. Nevertheless, a washing machine is permitted in the flat in many cases if there is no explicit prohibition clause.
Tenants File Declaratory Action
In their lawsuit, the plaintiffs sought a declaration that they were authorised to operate an automatic washing machine and an automatic tumble dryer in the flat they rented from the defendants. Tenants should know what needs to be taken into account when using a washing machine in the flat. The landlord may only prohibit its use if there are important reasons. In principle, the landlord does not have to provide a washing machine unless this has been contractually agreed.
The initially involved local court sided with the plaintiffs and ruled in their favor. The defendants appealed this decision to the Freiburg District Court.
Decision of the District Court Freiburg:
The Freiburg District Court also sided with the plaintiffs (tenants) and ruled that the plaintiffs were entitled to operate an automatic washing machine and dryer in the rented apartment.
The defendants did not present any new points in the appeal that would question the original decision.
Modification Clause in Rental Agreement Invalid
The court agreed with the local court that the modification clause in § 10 No. 1 of the rental agreement dated 21.02.2012 was invalid due to a lack of sufficient specificity pursuant to § 308 No. 4 BGB (Federal Court of Justice WM 1984, 314; Federal Court of Justice WM 1985, 128).
Moreover, the modification clause regulated in § 10 Paragraph 1 of the rental agreement dated 21.02.2012 did not, based on its wording, cover the new house rule established by the defendants regarding the placement of washing machines and dryers.
Placing Washing Machines or Dryers Constitutes Proper Use of the Rental Property
Placing and operating washing machines and dryers in the apartment for household use is considered a proper use of the rental property, especially in new buildings, unless explicitly agreed otherwise in the contract (Federal Court of Justice decision of 10.02.2010 – VIII ZR 343/08 – […] Rn. 33; District Court Detmold WuM 2002, 51 [District Court Detmold 18.03.1998 – 10 S 276/97]; Local Court Cologne WuM 2001, 275; Local Court Hameln WuM 1994, 426; Erman/Lützenkirchen, BGB, 13th ed., 541 BGB Rn. 43; Schmidt-Futterer/Eisenschmid, Tenancy Law, 11th ed., § 535 Rn. 368f.).
A no washing machine in the flat clause is only effective if it is factually justified and clearly formulated. A washing machine in a cupboard or in the kitchen can be a space-saving solution if the connection is technically suitable.
The modification clause in § 10 Paragraph 1 of the rental agreement would only apply to „regulations“ necessary for maintaining order among the various residents of a building.
These regulations do not concern the scope of proper use of individual apartments but do include adherence to quiet hours and the duty of consideration, which, however, are not yet affected by the installation of household appliances.
The defendants would also not be entitled to a claim for ceasing the operation of the washing machine and dryer in the apartment under § 242 BGB. The tenant must ensure constant optical and/or acoustic supervision when using the washing machine and dryer in the apartment so that the risk of damage remains limited, regardless of the age of the machines (Schmidt-Futterer/Eisenschmid, op. cit., § 535 Rn. 370 with further references).
Noise from Washing Machines and Dryers Must Be Accepted as Socially Adequate
The noise generated by household appliances like washing machines or dryers, which a tenant uses considering the required duty of consideration, possibly specified by quiet hours in the house rules, must be accepted by the co-tenants as a socially adequate noise disturbance.
Source: District Court Freiburg
An earlier decision by the Local Court of Cologne addressed the same issue: Local Court Cologne, judgment of 11.01.2001 – Case No. 207 C 221/00
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. The content of this article has been compiled to the best of our knowledge and belief. However, the complexity and constant changes in the subject matter make it necessary to exclude liability and warranty. If you are unsure whether you are allowed to install a washing machine in the flat or if the landlord prohibits its use, you should seek legal advice. In laundry room tenancy law, the balance between contractual use and consideration for other tenants plays a central role.
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One Response
In my apartment building with six residential units, 6 parking spaces for washing machines and dryers were installed after extensive refurbishment in 2014.
Each tenant also has their own electricity connection and cold water meter.
This facility is made available to all tenants free of charge.
Despite this facility, two tenants are not prepared to use this convenience
and continue to wash your laundry in the kitchen or bathroom.
There is a building insurance policy that covers tap water damage in the event of an incident. If water should leak from the washing machine in the basement for any reason, the damage is very minor because, as usual, there are water drainage shafts. In the first case, the insurance also pays the full amount of the damage if washing is done in the kitchen. Water damage in the living area is much more expensive and can even make an entire house uninhabitable.