Law: Do tenants have to secure the parasol on the balcony? – Style

All the shopping is done – and so are you. Now it's time to end the evening on the balcony. But, damn it, where on earth has the parasol gone? It was still open here at lunchtime. The doorbell immediately rings and the neighbor is standing there. A gust of wind has blown the parasol onto her balcony. Luckily nothing has broken. But what if? Are you insured for such cases? And are you allowed to attach a sunshade of your choice to the balcony so that it doesn't fly away?

If you want to put up a parasol, you usually don't need the landlord's permission, as long as you don't drill into the facade of the house when you put it up. That would be an intervention in the building structure, for which the tenant must obtain the landlord's permission, explains Gerold Happ, Managing Director of Real Estate and Environmental Law at the Association of German Houses and Properties in Berlin. An awning usually requires drilling, and you usually need the landlord's permission for that. This is also because an awning permanently changes the appearance of a facade.

Courts come to different conclusions when it comes to awnings. For example, a landlord had forbidden his tenant from installing an awning for aesthetic reasons. He suggested that he put up parasols instead. The Berlin Regional Court ruled in favor of the tenant – he was entitled to sufficient protection from the sun – and thus to an awning. If the awning was installed correctly, there was no risk of damage to the house's masonry, the court found. However, it only permitted the installation of the awning on the condition that liability insurance was taken out and an additional deposit of 1,500 euros was paid to cover dismantling costs to protect the landlord. (Ref. 64 S 322/20).

In a similar case, however, the judges assessed the visual impairment of the facade as so serious that they ruled in favor of the landlord. The landlord had rejected the tenant's request to install an awning over the terrace of his ground floor apartment. An awning would damage the appearance of the “puristically built residential complex from 2016,” argued the Cologne District Court. In addition, the terrace was large enough to set up parasols or a mobile pavilion. (Case No. 201 C 62/17).

So would you rather have a parasol than an awning? It's usually easier. But there are a few things to consider with parasols too. First of all, the parasol shouldn't extend onto the neighbour's property, explains Happ. “It's also important that it's properly secured. The renter is responsible for the parasol and must take responsibility for the risks associated with it.”

Parasols can be screwed onto the railing; this ensures stability and has the advantage that you do not damage the building structure. The house rules may contain regulations on how a parasol should be attached, for example on the inside or outside of the railing, the lawyer points out.

There is no written rule that a parasol must be folded up when leaving the house, says Gerold Happ. However, he recommends doing so anyway. “If the wind blows under it and the parasol damages the facade of the house or hits a tenant, in the worst case scenario you could be given a warning.” Tenants have a duty of care with regard to the apartment entrusted to them and the objects placed there.

If the umbrella is caught in a gust of wind and falls onto the neighbour's balcony or the neighbour's new car, the tenant's liability insurance will cover it. This is also the case if the umbrella catches fire, says Happ. If, for example, the awning is inadequately anchored and crashes onto the parapet of the neighbour's balcony, the general rule is: If it was installed by the tenant, he is liable for any damage caused. If the landlord installed the awning, he must pay for it.

Safety is one thing, freedom of design is another. The latter is, for example, considerably restricted in the centre of the northern Hessian town of Bad Sooden-Allendorf. The old town statutes specify exactly what awnings and umbrellas should look like. The city fathers came to the conclusion that only beige, pastel or sand-colored sun protection harmonizes with the historic half-timbered houses. Anyone who disregards this – and other regulations – can expect to be fined.

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