Table of contents:
- When does the home office become critical?
- Home office in the condominium
- Court rulings on home office
Video: Home office: tenants must take this into account
If a small company arises in the home office, landlords and co-owners have a say in many cases. Tenants should know that.
Whether tax consultant, teacher or journalist, many employees work part-time or even full-time in the home office. The apartment then becomes a workplace. But is that even allowed? In principle, anyone who lives for rent and has signed a residential rental agreement is not allowed to use the apartment for commercial purposes. Therefore: Tenants should always ask their landlord for permission. In the worst case, the landlord can terminate the contract because the rental property is used contrary to the contract.
When does the home office become critical?
Which activities are within the contractually agreed framework and which are not depends on the individual case. The assessment is often difficult. "The limit is definitely exceeded when the tenant's business activities appear to the outside world, " says Kathrin Gerber, lawyer at the Haus & Grund Munich owner association. This is the case, for example, if the tenant has employees for his trade, gives the apartment as a business address on his homepage or receives customers regularly. If the tenant carries out such an activity, the landlord can first warn him and finally terminate him. In many cases, the landlord must also agree to the commercial activity. The tenant may use a small part of the apartment for office or accounting activities. Even those who are artistically active or as writers need not fear warning. Landlords must allow translators, reviewers and teachers the home office in the rented apartment. Even working as a photographer is not a problem as long as there is no heavy traffic. Because home work always becomes critical when neighbors are bothered. In addition to noise and smell, dishes primarily check the frequency of visitors.
Home office in the condominium
Those who live in their own home have more freedom. But in the declaration of division and by majority vote of the owners, commercial activities can generally be restricted. The following also applies in the condominium: Avoid what might disturb neighbors.
Court rulings on home office
The landlord does not have to tolerate guitar lessons in the rented apartment. So the Federal Court of Justice decided. in the In individual cases, the landlord may be obliged to issue a permit for professional use of the apartment. This applies if the activity has no negative effects on the rented property in comparison to the normal use of housing and neighbors are not disturbed. With guitar lessons on three working days for about twelve students, however, there was an impairment. The landlord was allowed to terminate the tenant who disturbs the house peace. Case number: VIII ZR 213/12.
Kita in the house
The tenant of a condominium had taken in five young children as a childminder. Other apartment owners resisted this and were given the right. The Federal Court of Justice: The care of five small children for a fee was a partial commercial use of the apartment, which is no longer supported by the purpose of the home. Case number: V ZR 204/11.
An owner had rented a small 2-room apartment to a student tutor. A co-owner of the residential complex sued the commercial use. The Cologne Higher Regional Court agreed with the plaintiff that the 10-15 children who were cared for regularly caused a lot of noise. The business affected the roommates more than a flat use. The decisive factor was the high visitor frequency, which also led to common rooms (such as the staircase) becoming dirty more quickly. The house community incurred higher cleaning costs. Case number: 16 Wx 25/07