Snow chaos: When Munich tenants have to clear the sidewalk – thousands of euros in damages threaten

Created: 2022-12-19 06:21

By: Andreas Thieme

Woman pushes snow © Rene Traut/IMAGO

It snowed heavily again over the weekend.

Until the middle of the week, ice and smoothness rule in Munich - unfortunately also a high risk of accidents.

If this happens, there is a risk of high sums if sidewalks in front of the house have not been sanded.

The most important rules at a glance:

Munich - "We receive many inquiries from tenants who are wondering who has to take care of snow clearing, ice scraping and gritting now.

The answer is: The city or municipality is responsible for removing snow and ice from public paths and roads,” says Angela Lutz-Plank, Managing Director of the Munich Tenants’ Association

. On rented properties, the property owners and landlords are generally responsible.

This obligation can be passed on to the tenants.

Important: According to the law, the transfer of these obligations must be clearly regulated in the rental agreement and also recorded in writing.

Munich: The obligation to clear snow must be clearly regulated in the rental agreement

"Without such a provision in the contract, owners and landlords remain responsible," says Lutz-Plank.

However, you can have this work done by a caretaker or commercial third party.

"But then these are operating costs that can be passed on to the tenants depending on the contract."

If tenants are unable to comply with the obligation to clear snow, remove ice and grit on sidewalks - e.g. due to vacation or work-related absence - they are even legally obliged to commission third parties.

In such cases, you must seek a representative.

When, where and how to evacuate is determined by the local statutes of the cities and communities.

“The street cleaning and security ordinance applies here for the state capital of Munich,” says Lutz-Plank.

After that, the gritting and clearing obligation usually begins at 7 a.m. in the morning - one to two hours later on Sundays and public holidays - and ends at 8 p.m. in the evening.

Snow chaos in Munich: Anyone who falls can claim damages or compensation for pain and suffering

The sidewalk in front of the house and entrance area should be swept in a width of 1.20 to 1.50 meters.

On the other hand, it is sufficient for the paths to the rubbish bins or parking lots if they are cleared to a width of around half a five meters.

"Depending on the weather conditions, sweeping, clearing or gritting has to be done more often during the day."

Lutz-Plank points out that anyone who falls in front of the house - whether as a tenant or as a passer-by - and injures themselves can hold the person responsible for scattering and clearing responsible and claim damages or even compensation for pain and suffering.

"However, the person who fell must accept contributory negligence if he behaved carelessly."