Wiesn vouchers as additional costs?

The biggest myths about renting in Munich

Created: 04/10/2022, 07:05

By: Andreas Thieme

A Munich landlord invited his caretaker to the Wiesn - and passed the costs on to the tenants.

But is that allowed?

© Karl-Josef Hildenbrand/dpa

When it comes to tenancy law, people like to argue often.

We uncover the ten biggest rental myths in Munich.

Munich - The district court just published the "judgment of the week": A Munich tenant was therefore rightly terminated - because he sublet several times to tourists and roommates.

However, Ukrainian refugees can now be taken in – the landlord's permission only has to be obtained after six to eight weeks.

In principle, it is obvious that tenants and landlords often have different interests.

Of course, both parties often fight for their rights.

Patrick Burow and Dallan Sam describe the strange things that are often involved in a new guidebook “What landlords and neighbors are not allowed to do” (Ullstein publishers).

Rental myths in Munich: Annoyance from noise or too much bare skin

A party a month?

This is not allowed even if you “warn” the neighbors with a notice.

Because a disturbance of the peace begins at 10 p.m.

Whether you announce them or not.

However, there are no legal requirements as to how often you can celebrate.

The decisive factor is whether the neighbors feel disturbed. 

The Federal Court of Justice ruled that the landlord cannot generally prohibit music making, provided that the quiet times for neighbors at noon and at night are observed.

Otherwise two hours per day are allowed.

Baby noise must also be tolerated, since parents “cannot legally prevent it”, the BGH ruled.

You can complain about sports in the neighboring apartment - with skipping rope and falling dumbbells you are usually successful.

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Showering and bathing is also allowed at night: the landlord cannot prohibit this after 10 p.m.

You have to endure the noise of craftsmen until 10 p.m.

Just like loud screams of pleasure during sex: courts have even imposed a fine of 250,000 euros for violations following an injunction.

If the love swing squeaks too much at night, the landlord can even give notice of termination, the Munich district court ruled – and agreed to an eviction action against the tenant, who often received visitors at night.

The "normal residential use" is exceeded.

On the other hand, anyone who wants to sunbathe naked on the balcony is allowed to do so. There can be trouble if the area is visible to neighbors and they feel disturbed.

There is even a fine of up to 1000 euros.

Munich: rental myths uncovered - lying to the landlord when applying

Being rejected because your salary is too low?

Many tenants fear this when they apply.

Whether you are allowed to cheat depends on the type of questions.

Landlords have a legitimate interest in relation to the number of apartment users, marital status, employer, net income and financial circumstances.

You have to tell the truth here.

Otherwise the landlord can contest the contract due to fraudulent misrepresentation or terminate it without notice.

You can lie about your private life: Hobbies, taste in music, sexual orientation or family planning are unjustified questions.

Rental myths in Munich: immoral offers when applying for a flat

Occasionally, particularly unscrupulous landlords try to take advantage of the housing shortage of women: In return for the tenancy agreement, they demand dubious consideration, including sexual favours.

A crime!

One might think.

"However, this is not a problem under criminal law," Patrick Burow and Dallan Sam clarify.

Because no power situation is exploited here, there is no sexual coercion.

The victim is not threatened or the apparent will is broken.

“It will be difficult to attribute such behavior to a criminal offence.

But in any case it's outrageous," says senior public prosecutor Anne Leiding.

Rental myths: Inspection fees from dubious brokers

A queue of 200 meters in Maxvorstadt: apartment applicants often find themselves in extreme situations.

There are sometimes hundreds of prospective buyers for a rental apartment.

Caution: Dubious brokers have recently offered viewings for a fee: 35 euros for small groups or 50 euros for individual appointments - in cash on site.

If you don't get the apartment, you won't get your money back.

Such a fee is illegal.

The ordering principle applies to brokers: Since the landlord commissions him, he also has to pay.

Tenants, on the other hand, are likely to bribe a potential landlord to get his apartment.

This is only prohibited for public officials (§ 334 StgB).

Rental Myths: Cleaning Costs Because of Sidewalk Chalk Painting

The little boy laughed as he painted the floor in the entrance area of ​​the apartment building with colorful sidewalk chalk.

The landlord, on the other hand, got angry.

He didn't like the "smear" so he had the pictures removed with a high-pressure cleaner.

The landlord charged the mother and tenant for the cleaning costs – as operating costs.

This did not go through in court: According to the verdict, the landlord simply had to wait for the next rain to "remove" it.

Rental myths: The husband goes broke - who pays the rent now?

Does the wife automatically become a tenant?

Many landlords take this view when the husband stops paying rent.

But that's not true!

The wife does not automatically become a contractual partner because her husband signs a rental agreement.

Not even if she knows about the contract and is named in it.

If the man becomes insolvent, for example, the woman does not have to pay - unless the husband has signed the rental agreement in the name and with the power of attorney of the woman.

The ten biggest rental myths: rent reduction due to mold & co.

"A common misconception among tenants is that they are entitled to reduce the rent without further ado in the event of defects," say the authors.

In fact, the law stipulates that if a defect occurs during the rental period, tenants must report this to their landlord immediately (§ 536c Para. 1 BGB).

This is the only way for the landlord to remedy the defect.

A burst pipe must be repaired immediately, and tenants should set a deadline for minor damage – 14 days is usual.

If the landlord does not remedy the defect by then, the tenant can reduce the rent.

According to the law, however, he does not have to wait for that.

With the notification of defects, the tenant has already done his duty.

The reduction in the case of an "insignificant impairment" is excluded, for example if only the socket is broken

Rental myths: Wiesn vouchers as additional costs

A Munich landlord had invited the caretaker of his residential complex to the Wiesn and passed on the costs to his tenants: In the utility bill they found the amount of 15.10 euros for Hendl and Mass.

Outraged, they refused to pay.

The case went to the District Court.

There the judges decided: Wiesn vouchers represent “a special payment or gratuity under labor law” – and therefore count as a pecuniary benefit from the owner to the caretaker.

So the landlord was right. 

Rental myths: rent reduction because of standing pee and murder in the neighboring apartment

You have to accept disputes between neighbors.

But not if it occurs several times a day, before 6 a.m. and after 10 p.m.

Here a rent reduction of ten percent is possible!

This also applies if an apartment is built in such a way that you can hear peeing in the living room in the neighboring apartment.

A reduction is also possible if a brothel moves into the house.

If the temperature in the attic does not drop below 25 degrees in summer, a 20 percent reduction in rent is possible.

There are up to 15 percent if a murder happened in the neighboring apartment and tenants live in fear.  

Rental myths in Munich: Termination because of the snoring wife

The landlord may give extraordinary notice if the tenant fails to pay the rent twice or permanently disturbs the peace of the house.

And keyword personal use: the landlord can reclaim his apartment for use for himself or close relatives - even if the tenant has lived in it for decades.

Curious: a landlord was right because his wife snored!

In court, he asserted that it was unreasonable to continue sleeping with her in an apartment.

He moved in across the street - and gave notice to his tenant, who sued unsuccessfully ... - You can find more current news from Munich and the region at