Telephone connection in the rented apartment

If a rental apartment is equipped with a visible telephone socket, the functionality of the telephone line is part of the contractual condition of the apartment. The landlord must ensure this and, if necessary, also pay for the repair of cables located outside the apartment (BGH, judgment of 5.12.2018 VIII ZR 17/18).

The contractually owed condition is based primarily on the contractual provisions. If the rental agreement does not contain any details on that, an interpretation based on the circumstances of the lease shall be made, taking into account good faith.

The BGH left open whether the minimum standard of a contemporary apartment in addition to a power supply, which allows the operation of several devices at the same time, also contains a working telephone connection. However, if the apartment is equipped with a visible telephone socket, the functionality of the telephone line as part of the supplementary contract design also belongs to the contractual condition.