Can my landlord dictate when I am allowed to shower?
April 30, 2022 | 50,00 EUR | answered by Emma Richter
Dear attorney specializing in rental law,
I am contacting you with a question regarding my rental agreement. My name is Wilhelm Halbscheffel and I am a tenant in an apartment in a multi-family building. Recently, my landlord has been dictating to me when I am allowed to take a shower. He claims that it is too noisy during the morning and evening hours and disturbs the other tenants.
I am confused and concerned about this directive from my landlord, as I believe I have the right to use my own apartment whenever it suits me. I have no intention of disturbing my neighbors, but I feel restricted in my privacy.
Can you please advise me on whether my landlord has the right to dictate when I can shower? Are there legal limits to such directives? How can I defend myself against this and what steps can I take to resolve this situation?
I thank you in advance for your help and guidance on this matter.
Sincerely,
Wilhelm Halbscheffel
Dear Mr. Halbscheffel,
Thank you for your inquiry regarding the regulation from your landlord about when you are allowed to shower. It is understandable that you feel restricted in your privacy and wonder if your landlord is entitled to make such regulations.
In a tenancy agreement, the principle of contractual freedom applies. This means that as a tenant, you have the right to use your apartment in a reasonable manner, as long as you do not disturb other tenants or violate legal regulations. Therefore, your landlord cannot simply dictate when you are allowed to shower, as long as you do not cause noise disturbance or other nuisances.
In your case, it seems that your landlord is referring to possible noise disturbances caused by showering in the morning and evening hours. It is important to note that the right to peace and relaxation applies to all tenants in a multi-family house. If there is indeed proven noise disturbance caused by showering at the mentioned times, your landlord may be entitled to take action.
However, your landlord must provide evidence that there is indeed significant noise disturbance caused by showering. It could be helpful to talk to your neighbors and clarify if they are actually feeling disturbed. If this is not the case, you could inform your landlord that you consider the regulation unjustified and insist on exercising your right to freely use your apartment.
If your landlord still insists on their regulation, you may consider taking legal action. In such a case, it would be advisable to consult a lawyer specialized in tenancy law who can assist you in enforcing your rights. However, it is always preferable to seek an out-of-court agreement with your landlord before initiating legal action.
I hope this information is helpful to you and wish you success in resolving this matter.
Sincerely,
Emma Richter
Lawyer specializing in tenancy law
