Montag, 18.12.2023
Smoke detector in rented apartments
Who bears the costs?
from
Lars Christian NerbelLawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
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Tenancy and property law deals with the relationship between landlords and tenants, as well as the rights and obligations associated with living space.
Today, we are talking about a special topic in this area: smoke alarms.
- Landlords are required to install smoke detectors in rental apartments, but many rent these devices and want to pass the costs on to the tenants.
However, passing on the rental costs for smoke detectors to tenants in the utility bill is not allowed.
- According to a recent ruling by the Federal Court of Justice, raising rents due to the replacement of rented smoke detectors with the landlord's own devices is also not permitted.
Replacing existing smoke detectors is not considered a modernization measure and therefore does not justify a rent increase.
- By contrast, the landlord may install his own smoke detectors, even if the tenant has already installed such at his own expense, since this is considered a structural change and the landlord is fulfilling his legal obligations.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.