Structural changes by tenants

Paint walls or fix a shelf with dowels are still a contractual use of the apartment, which does not require the consent of the landlord.

Structural changes such as the laying of laminate, installation of electric shutters, installation of security locks, smart home technology or the renovation of tiles are modernizations that change the nature and substance of the apartment and require the consent of the landlord.

As a rule, the landlord's decision is at his own discretion. Only in special cases there is a consent requirement. Whenever the tenant has a legitimate interest in the structural change that exceeds the interest of the landlord in the unchanged state. This applies, for example, if the apartment is placed in a common standard of technical progress, by laying a power line to the stove or installing an Internet connection. The tenant interest also outweighs, if the tenant wants to produce the handicapped-accessible use or a barrier-free access for itself or relatives.

The landlord may make his approval conditional. He may demand the award of the contract to a specialized company or the obligation to maintain the building.

If the tenant makes a structural change without first obtaining the consent of the landlord, this may entitle the landlord to a termination without notice.

At the latest when moving out the tenant must reverse the structural change. This applies both to measures for which the landlord's consent was not required and to measures which the landlord has agreed to, provided that no takeover has been agreed (against payment or without charge).