House Rules

House Rules - House rules are a set of regulations that govern communal living in multi-unit buildings and establish binding rules of conduct for all residents. They promote orderly coexistence, protect the building’s structure, and regulate the use of common areas such as stairwells, courtyards, laundry rooms, and gardens.

Content and Legal Basis of House Rules

House rules can take effect in two ways: as part of the lease agreement or as a separate document referenced in the lease agreement. In condominium associations (WEG), the house rules are adopted by a majority vote of the owners’ meeting in accordance with Section 19(1) of the WEG and are then binding on all owners and their tenants.

Typical areas of regulation: Most house rules contain provisions regarding quiet hours-usually from 10:00 p.m. to 6:00 a.m. as well as on Sundays and holidays. In addition, they regulate stairwell cleaning, the storage of items in common areas, the use of laundry rooms and drying rooms, conduct during snowy and icy conditions, and garbage disposal.

Pet ownership: The house rules may contain guidelines regarding pet ownership, such as a leash requirement in the stairwell or a ban on feeding pigeons on the balcony. However, according to established case law of the Federal Court of Justice (BGH), a general ban on keeping small animals such as ornamental fish, hamsters, or budgies is invalid. A blanket ban on dogs and cats is also viewed by many courts as unreasonable discrimination-a case-by-case assessment is always required.

Barbecuing on the Balcony and in the Garden: Barbecue regulations are a frequent point of contention. The house rules may prohibit barbecuing with open flames or charcoal on the balcony, but must remain proportionate. Electric grilling on the balcony generally cannot be completely prohibited. In the garden, local regulations apply, although the house rules may include additional restrictions such as minimum distances or frequency limits.

Limits of the house rules: House rules must not violate applicable tenancy law, the German Basic Law, or mandatory legal provisions. Rules that disproportionately interfere with personal lifestyle-such as a general ban on visitors after 10 p.m. or a complete ban on playing music-are invalid. The same applies to discriminatory rules that disadvantage specific groups of tenants.

Enforcement and Consequences for Violations

Enforcement of the house rules is the responsibility of the landlord or, in the case of a condominium (WEG), the property manager. Various measures are available in the event of repeated and significant violations. Typically, a written warning is issued first. If this does not lead to improvement, ordinary termination pursuant to § 573(2)(1) BGB may be issued in cases of serious disturbances of the peace. In particularly serious cases-such as massive noise pollution or threats to other residents-termination without notice pursuant to § 543 (1) BGB is also possible. In a WEG, the owners’ association may, as a last resort, revoke the apartment of a persistently disruptive owner pursuant to § 17 WEG; however, this is subject to very strict conditions. In any case, it is important to maintain complete documentation of the violations, including the date, time, and witnesses.

Practical Tip for Nuremberg and Franconia

In the Nuremberg metropolitan region, there are no specific municipal regulations regarding house rules, but the City of Nuremberg has a bylaw on the use of public green spaces, which may also be relevant for adjacent properties. We recommend that landlords and WEG property managers regularly review the house rules to ensure they remain up to date and adapt them to changing lifestyles-for example, by establishing clear regulations regarding e-bike charging stations in the basement or package drop-off. In densely built-up Nuremberg neighborhoods such as Gostenhof, St. Johannis, or the Südstadt, with their Wilhelminian-style apartment buildings, well-formulated house rules are particularly important, as the thin walls of older buildings create an increased potential for conflict. We recommend providing all tenants with a written copy of the house rules upon move-in and having them confirm receipt.

Frequently Asked Questions

Are house rules mandatory for tenants?

House rules are only mandatory for tenants if they are an integral part of the lease agreement or if the lease agreement effectively refers to them. Subsequent changes to the house rules that go beyond the original terms of the lease generally require the tenant’s consent, unless the lease contains a corresponding amendment clause. In a condominium (WEG), however, a majority decision regarding the house rules is also binding on the tenants of the owners.

Can the house rules prohibit playing music?

A complete ban on playing music in the house rules is invalid, as playing music in one’s own apartment is part of the contractual use of the property. However, the house rules may specify quiet hours during which playing music is prohibited. Typically, a daily playing time of two to three hours outside of quiet hours is considered reasonable. Stricter standards apply to professional music lessons or particularly loud instrument playing.

Who drafts the house rules in a condominium association?

In a condominium association, the house rules are established or amended by a resolution of the owners’ meeting passed by a simple majority. Often, the property manager submits a draft, which is then put to a vote. The house rules may also be included in the declaration of division or the community bylaws-in this case, an amendment is only possible with the majority specified therein, often even unanimously. We recommend adopting the house rules as a separate resolution to allow for flexible adjustments.

Can new issues such as e-bike charging stations or package lockers be addressed in the house rules?

Yes, and this is becoming increasingly necessary in modern apartment buildings. Charging e-bikes and e-scooters in the basement or stairwell is a growing safety concern, as lithium-ion batteries can cause fires if mishandled or defective. The house rules can regulate charging in common areas or restrict it to approved charging stations. In Nuremberg’s older neighborhoods with narrow stairwells and wooden beam ceilings, we recommend that homeowners’ associations actively address this issue and, if necessary, create safe charging stations in the courtyard or in a separate room. The same applies to package drop-off: The house rules can specify whether packages may be left in the stairwell, who is liable for damage, and how residents are notified via the entrance. Clear regulations prevent neighborhood conflicts and protect the community from liability risks in the event of accidents caused by packages left in the way or defective batteries.

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