Does the flag on the house need to be tolerated by the landlord?
June 7, 2014 | 45,00 EUR | answered by Rechtsanwältin Jasmi Jasmin Pesla
In short:
As a tenant of a property, do I have to tolerate the landlord placing a flag in a holder attached to the property twice a year for the purpose of local pilgrimages? Or do I, as the tenant, have superior rights over the landlord and can remove the flag accordingly?
Dear questioner,
as a tenant, you do not have superior rights over the landlord (who is likely also the owner of the house).
The landlord - if he is also the owner of the house - has the ownership right, and could therefore potentially prohibit you from "flying the flag" - in other words, hanging your own flag.
Even if your landlord were just another tenant, you would not be allowed to simply remove the flag. In this case, you would have to contact the appropriate owner.
The only exception would be if the flag somehow grossly offended you, which is unlikely to be the case with a flag for pilgrimages.
Best regards
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