Stairwells in blocks of flats are important escape and rescue routes. Both landlords and tenants should therefore treat them with great care. First and foremost, these routes must not be obstructed and a passage at least approximately one metre wide must remain clear. “Above all, this is about ensuring effective fire safety,” explains Burkhard Blandfort, Chairman of the German Property Federation, IVD West.
Set out rules in the house regulations
There are no clear and uniform statutory prohibitions that fundamentally and explicitly ban objects from corridors and stairwells. However, fire-safety regulations prescribe relevant requirements, which landlords can pass on to tenants in appropriately worded house regulations. For example, shoe cabinets can be prohibited, although individual pairs of shoes on a doormat cannot. “Nor, incidentally, can the doormat itself, provided it does not reach the dimensions of a proper carpet,” Blandfort clarifies. Fire-safety rules also discourage leaving prams in communal corridors. However, this cannot be prohibited outright if there is sufficient space, the pram does not present an obstruction and it is not secured in place.
Prams and walking frames: yes; bicycles: no
Germany’s Federal Court of Justice has ruled accordingly on prams several times. Courts have granted similar rights to wheelchair and walking-frame users. People who depend on mobility aids cannot reasonably be expected to carry them up and down stairs. Bicycles, by contrast, do not have to be tolerated in the corridor. The relevant rulings state that anyone fit enough to cycle can also carry their bicycle into the basement or their flat.
For fire-safety reasons, decorative objects, pictures and plants likewise do not belong in stairwells or communal corridors. They can catch fire too easily or accelerate a fire that started elsewhere. Seasonal decorations are tolerated in exceptional cases, such as an Advent wreath in the run-up to Christmas.
The escape route must be clear and safe
“Landlords or property managers are permitted to have objects left outside a flat removed if the person concerned does not respond to a request to clear them from the corridor,” Burkhard Blandfort states. In addition to removing fire hazards and trip hazards in stairwells, landlords must ensure that stair rails are secure and the lighting works. In the event of a fire, tenants must be able to find and use the escape route. Finally, smoking is generally strictly prohibited in stairwells.
Objects in the stairwell: how to respond correctly
Harmonious communal living in a rented building depends on mutual consideration and compliance with the house regulations. But what should you do if a neighbour permanently uses a narrow corridor to store a bicycle or regularly leaves rubbish outside their door?
- Step: check proportionality Before taking action, assess the situation realistically. A walking frame briefly parked in the entrance several times a day will not generally justify a complaint.
- Step: speak to the person directly If there is an ongoing problem, the first course should always be a direct conversation. Neighbours are often unaware that their behaviour restricts others. A calm discussion can usually resolve misunderstandings quickly or produce a good compromise, such as a designated alternative place for bulky objects.
- Step: involve the landlord or property manager If the neighbour remains unreasonable or does not honour an agreement, report the incident to the landlord or property manager. If there is a clear breach, the management can issue the tenant causing the problem with a formal warning.
- Step: legal action as a last resort If even formal warnings have no effect, affected tenants can take the matter to court. In this case, the legal right to have the nuisance stopped can be enforced.
When landlords must disclose the names of complainants
If residents submit a complaint naming themselves about a neighbour to the landlord or property manager, their identity is not always protected. According to a ruling by Germany’s Federal Court of Justice (BGH, case no. VI ZR 14/21), the accused tenant’s right to information may outweigh the complainant’s interest in confidentiality. Complainants face a particular risk of being identified if their allegations about disturbances in the stairwell subsequently prove untrue.