Smoke alarm obligation in tenancy law

In almost all federal states, the installation of smoke detectors in new and existing buildings is required.Who is responsible for installation and maintenance of the smoke detectors?We explain which obligations tenants and landlords have.Some owners trick the costs.

Überblick

In most federal states, houses and apartments- new and existing buildings- must be equipped with smoke alarms, mostly simply referred to as smoke detectors.Since the 1.January 2021 also in Berlin and Brandenburg.In Saxony, the smoke detectors only have to be installed in new and conversions.The smoke alarm obligation does not apply to existing buildings.In existing buildings, old devices should be replaced in Mecklenburg-Western Pomerania as well as Hamburg and Schleswig-Holstein until the end of 2021.

Rent increase by smoke detectors

The owner or the landlord is responsible for installing the smoke detectors.This applies to all federal states."The apartment owner must install the devices and is also entitled to collect a modernization surcharge in the amount of eleven percent of the acquisition and attachment costs," informs the Hessian State Association of the German Tenant Association (DMB)."The usual three -month notice period for modernization measures does not need to be observed when installing smoke detectors."However, the rent increase is usually only one to five euros.

Tenants have to wait for smoke detectors themselves

It is different who is responsible for maintaining the device in rental apartments.In the following federal states, tenants have to wait for the smoke detector:

In this case, the landlord or owner must ensure that the tenants can meet the maintenance obligation.In addition, the landlord must also ensure that the tenant fulfills the maintenance obligation.If the landlord or the owner takes over the review of the devices, he can invoice the tenant for this.

In the following federal states, the landlord or owner is obliged to wait for the devices:

Smoke detectors: These tenants have to act

Smoke detectors should be replaced at the latest ten years after the installation.The sensitive electronic components could no longer work properly after this time.In the federal states of Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Rhineland-Palatinate, Saarland, Saxony-Anhalt, Schleswig-Holstein and Thuringia.The devices should therefore have already been completely replaced here.In existing buildings, old devices should now be replaced in Mecklenburg-Western Pomerania and Hamburg (until the end of 2021) and Schleswig-Holstein (by the end of 2021).

If tenants do not meet the maintenance obligation, they can be held responsible in the event of damage due to "culpable failure".In addition, the landlord can assert the tenant to his claim for damages if it is recognizable that the tenant has not fulfilled his duties.

Who has to replace the smoke detector?

"In nine out of 16 federal states, the tenant is responsible for the care and testing of the smoke detectors.In the other federal states, the owner is generally the maintenance obligation, "says Claudia Groetschel from the Fire Rauch prevention forum."But the landlord remains a duty in all federal states to ensure the professional maintenance of the smoke detectors."This means that the tenant has to reach the detectors and is also able to carry out the maintenance.If the tenant cannot fulfill his duty due to his age, the landlord must ensure that the smoke detectors are waited regularly."If the detector has to be exchanged as part of maintenance, the owner/landlord must take over-and therefore also pay," explains Groetschel when asked by T-Online.

Can tenants choose a smoke detector themselves?

According to the expert, this is not possible: "The device is owned by the owner/landlord.The tenant cannot therefore choose the smoke detector himself."This also means that the tenant should not replace the devices installed by the landlord for other smoke detectors.Because this cannot fulfill the landlord of his maintenance with the prescribed devices."The tenant is therefore fully liable, so it is foreseeable from an exchange," says Groetschel.

Rental reduction in the event of a lack of smoke detectors

But what can you do as a tenant if the owner does not move?"If the landlord does not have a smoke detector installed, you should point out the obligation in writing and ask the deadline to have the installation carried out," recommends the DMB Hessen.For three weeks, the tenant protectors consider a reasonable period of time.If the landlord does not follow the request, you set a second short period of about a week. Lässt der Eigentümer auch diese verstreichen, dürfe man die benötigten Rauchmelder selbst installieren oder einen Handwerker damit beauftragen."The costs are charged to the owner or pulls them off from the next rent."

BGH: Tenants have to tolerate the installation of smoke detectors

At least one smoke detector in every bedroom and children's room, as well as in corridors that serve as an escape route are required.Tenants must tolerate the installation of these devices and grant the landlord or a commissioned craftsman access to their apartment.According to a judgment of the Federal Court of Justice (BGH), the obligation to tolerate also applies if smoke detectors are already installed in the apartment, which the tenant has installed in the past at his own expense.

In the negotiated case, a housing association in Saxony-Anhalt wanted to install the same fire alarms in all its apartments and complained when a tenant did not want to tolerate this.Rightly so, the Karlsruhe judges decided."Because the installation and later maintenance of the smoke alarms for the entire building are 'in one hand', a high level of security is guaranteed, which leads to a sustainable improvement in comparison to a state that is already by installing thehas been reached by the tenant even selected smoke alarms, "according to the BGH's reasoning (AZ.: VIII ZR 290/14).

The situation is different if owners want to go beyond the legal obligations."Some landlords want to attach smoke detectors in all rooms of the apartment," the Hessian tenant protectors observed.According to the DMB, one does not have to agree with this."If the tenant of the assembly agrees, the landlord can still not ask for a modernization surcharge for the rooms in question."

Some landlords try to trick

Some landlords try to get rid of the investment costs."Some property management companies try to change the costs to the tenants," reports the DMB Lake Constance in Constance.You would have loan devices installed and the rental and leasing fees incurred to the tenants as operating costs."But that's illegal," says the chairman of DMB Lake Constance, Herbert Weber.

The landlord can only invoice the leasing and rental costs to the tenant if he has agreed with you in writing beforehand.

Source: RLL (Source: T-Online)

What does the maintenance obligation include?

The tenant is mostly responsible for maintaining the smoke detectors.He must ensure that the device always works perfectly.The main maintenance obligations include the exchange of the battery if necessary and regular cleaning.Gross dirt can lead to the smoke detector no longer working properly.At least once a year you should check whether the acoustic and optical warning signals still work.

Pay attention to the agreement in the rental agreement

It is not uncommon for owners - especially large housing companies - to take over the maintenance themselves so that there are no liability disputes in the event of damage.This is usually possible.In some federal states, however, a corresponding agreement in the rental agreement is required.If the owner takes over the maintenance, he can commission a caretaker or other service provider to carry out the implementation.

If the rental agreement allows this, he can charge his tenants as operating costs as operating costs."These will usually be a few euros per month," said the DMB Hessen.Higher demands are suspicious.The Hessian tenant protectors also warn of the trick not only to convert maintenance costs, but also not actually relevant rental and leasing costs via the operating cost statement to the tenants.