Regional Court of Halle, 30 June 2014, Ref.: 3 S 11/14
Until not so long ago, the installation of smoke alarms in rented flats was purely a private matter. This has now changed. In many federal states, the installation of smoke alarms is now mandatory.
The obligation to do so is set out in the respective state building regulations. These regulations not only specify which buildings are obliged to install smoke alarms, but also in which rooms of the flat or house they must be installed.
In the above-mentioned decision, the Regional Court of Halle had to deal with the question of whether a tenant could be obliged to tolerate the installation of smoke alarms even though she had already installed them herself.
Facts and subject matter of the dispute
The defendant tenant opposed the installation of smoke alarms by the plaintiff housing association, as she had already installed smoke alarms herself at her own expense in 2009. However, the landlady demanded that the installation of new smoke alarms be tolerated throughout the flat. The installation would only cause minor disruption and the devices would be maintained remotely, meaning that it would no longer be necessary to enter the flat in future. The costs should be allocated as part of the operating costs.
Judgement of the Local Court of Halle
The Halle Local Court ruled in favour of the landlord and ordered the tenant to tolerate the installation of smoke alarms in several rooms, including the living room, bedroom, children's room and hallway. The plaintiff extended the original claim, which only concerned the living room, to include these other rooms. The defendant lodged an appeal and argued that the extension of the claim was inadmissible and that Section 47 of the Saxony-Anhalt State Building Code (LBO-LSA) only stipulates certain rooms, but not the living room, as installation locations.
Judgement of the Regional Court of Halle
The Regional Court of Halle dismissed the defendant's appeal and confirmed the judgement of the Local Court. The extension of the claim was admissible as it was only an extension of the existing application. In addition, the plaintiff as landlord was responsible for compliance with building regulations, which also included the installation of smoke alarms. The tenant was not obliged to fulfil the standards herself, particularly as the smoke alarms she had installed had neither been tested nor approved by the landlord.
The court emphasised that the installation of smoke alarms is a measure that must be tolerated in accordance with section 555 b no. 5 and 6 of the German Civil Code (BGB), which does not constitute a significant intrusion into the flat and does not even require a modernisation notice. The installation significantly improves the safety standard of the flat, so that the tenant must tolerate this.
Weighing of interests and justification
The defendant's objections that the smoke detectors already installed were sufficient and that the new installation would be too disruptive were rejected. The new devices offer a higher safety standard through automatic radio maintenance, and the minor intervention is reasonable in relation to the safety gain. Reasons of economic hardship were also ruled out, as the costs would only be allocated to the operating costs and there would be no rent increase. Furthermore, it was in the landlord's interest to ensure standardised and controlled maintenance of the devices in order to guarantee insurance cover and the security of the entire flat.
Source: Regional Court Halle
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. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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