Fire protection regulations / Rental property
October 16, 2010 | 35,00 EUR | answered by Bernhard Müller
As a new tenant of a very high-quality residential complex with a net monthly rent of 1900 € in Munich with a courtyard, I currently observe that several bicycles are being parked in the area of the courtyard near the walls. Although there are 3 signs posted stating that any parking of objects, etc. is prohibited, I assume that this condition, which goes against fire safety regulations including escape routes and access for emergency vehicles/fire trucks, is silently tolerated by the property management. Additionally, a large, definitely not intended permanent stroller of a tenant is attached in the wooden stairwell, which also does not belong there. In addition to the aforementioned fire safety regulations, the negative disruptive appearance is another issue. I have requested a statement from the property management in writing twice. I only received an unfriendly email stating "this is none of your business, only the landlord's, so contact your landlord". I do not want to tolerate this disrespectful email and also do not accept this condition. Please provide an initial assessment, legal situation, approach, and possibly take on a mandate.
Pictures available.
Dear inquirer,
first of all, it must be determined whether you yourself are affected by the violation of fire protection regulations. If a fire were to break out, would your escape route be blocked or only the escape route of one of your neighbors?
If your escape route is blocked, this can be considered a defect in the rental property and you can hold your landlord responsible for rectifying the defect. The landlord may then be forced to take action against the other tenants, if necessary, through legal means.
If your own escape route is not blocked by incorrectly parked bicycles and strollers, you also have no right to demand their removal.
However, you can notify the building authority. This is particularly recommended if you know which tenant is incorrectly parking which bicycle or stroller. If the incorrectly parked bicycles or stroller violate fire protection regulations, as you suspect, and you can identify the perpetrators, the authority will take direct action against them with fines and administrative acts aimed at removing the incorrectly parked bicycles or stroller.
If it turns out that your suspicion in this regard is incorrect and it is only an "optical impairment," there is no recourse against it and you will have to endure the sight of a stroller and several bicycles.
Best regards,
Bernhard Müller Attorney at Law
