ban from premises
November 14, 2009 | 20,00 EUR | answered by Michael Vogt
Dear lawyers,
The situation is as follows:
An elderly lady lives in a rented apartment in a multi-family house, which is also inhabited by the landlord. The lady is no longer able to leave the apartment independently and receives home care and domestic help from relatives (me).
I visited the lady and accidentally closed the entrance door a bit loudly (which is NOT the usual case!!).
As a result, the landlord threatened me with a ban from the house because he felt disturbed by the noise.
Can the landlord really forbid me from visiting my grandmother now and even accuse me of trespassing if I do so?
Dear Advice Seeker,
Your question may be answered based on the facts you have provided and taking into consideration your input as follows:
According to the case law of the Federal Court of Justice, the tenant's right to use their apartment prevents the landlord from prohibiting visitors of the tenant from entering the house. (FCJ, judgment of 10.11.2006, V ZR 46/06)
Therefore, the owner of the house cannot prevent you from visiting your grandmother. Trespassing is also not an issue as a result.
I hope that my answer has given you an initial overview of the legal situation.
Please note that this answer, based on your information, is only a first legal assessment of the situation and cannot replace a comprehensive evaluation. The legal evaluation may be completely different with the addition or omission of relevant information.
You are welcome to contact me through the follow-up option on this platform or via my email address.
For legal representation beyond this initial advice, my law firm is also available to assist you.
I wish you a pleasant weekend and remain
Yours sincerely
Lawyer Michael Vogt
