Awnings: Can they be installed without further ado?

  • 1 week ago

A tenant wanted to install an awning on his balcony and asked his landlord for permission. However, the landlord refused because he feared that the building would be visually impaired. The case finally ended up before the Munich Local Court (AZ: 411 C 4836/13). The court ruled that the landlord could not refuse consent to the installation. The tenant's interest in protecting himself from solar radiation was more important than the visual impairment feared by the landlord.

A different ruling was issued by the Cologne District Court in the case of a tenant who wanted to install an awning on the terrace of a modern residential complex. In this case, the landlord's interests prevailed, as the awning was considered a nuisance due to the purist architecture and visibility in an open courtyard. In this case, the tenant was expected to use alternative sun protection methods such as parasols or a mobile pavilion (AZ: 201 C 62/17).

These rulings show that the decision on the permissibility of awning installation depends on the specific circumstances of the individual case, including the type of building and the location of the apartment. Tenants should always obtain written consent from the landlord and ideally commission a specialist company to install the awning in order to avoid damage and safeguard their rights.
© immonewsfeed

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