Can my landlord dictate to me when I have to ventilate the apartment?
July 18, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
I am reaching out to you with a question regarding tenancy law. My name is Yvonne Krausmüller and I am a tenant of an apartment in Munich. My rental agreement states that I am obligated to ventilate regularly to prevent mold formation. However, my landlord has now given me specific time requirements for when I need to ventilate the apartment. He demands that I open the windows in the morning between 6 and 8 am and in the evening between 6 and 10 pm.
I feel restricted in my freedom by these requirements and I am wondering if my landlord has the right to give me such specific time requirements for ventilation. I already ventilate regularly and ensure that air circulation in the apartment is maintained. Nevertheless, I am concerned about my landlord's control.
Could you please tell me if my landlord has the right to give me specific time requirements for ventilation? If not, what legal steps can I take to defend myself against these requirements? Is there a way to clarify these requirements with my landlord without directly taking legal action?
Thank you in advance for your help.
Sincerely,
Yvonne Krausmüller
Dear Mrs. Krausmüller,
Thank you for your inquiry regarding rental law. It is understandable that you feel restricted in your freedom by the specific time requirements set by your landlord for ventilation. Generally, a landlord has the right to make reasonable requirements for ventilation to prevent mold formation. However, these requirements must also be in line with your rights as a tenant.
In your case, it seems that the specific time requirements set by your landlord go beyond the usual measure. It is questionable whether your landlord has the right to prescribe exact times for you to ventilate the apartment. As a tenant, you must ensure that the apartment is adequately ventilated to prevent mold formation. However, it is doubtful whether your landlord can make specific time requirements for you.
If you feel restricted in your freedom by your landlord's requirements, I recommend that you first try to have a conversation with your landlord. Explain your concerns to him and try to find a mutually agreeable solution. Perhaps you can come to a compromise that meets both your needs and the concerns of your landlord.
If you are unable to reach an agreement with your landlord and continue to feel restricted in your freedom, you may consider seeking legal advice. An experienced lawyer specializing in rental law can help you defend your rights as a tenant and potentially take legal action against your landlord's requirements.
In any case, it is important that you know your rights as a tenant and stand up for them. If you have any further questions or need support, I am happy to assist you.
Sincerely,
Oliver Hentschel
