Animals in the apartment, too much noise or even high heels? What are landlords allowed to ban in Munich? A lawyer clarifies – and gives important tips for tenants.
Munich – “Basically, the tenant only has to pay damages for damage or deterioration of the rented property if this has arisen as a result of non-contractual use and the tenant is therefore at fault,” says lawyer Alexander Walther from the Mundigl law firm and Klimesh. He is a proven rental expert and has already experienced a lot. Even that landlords wanted to ban the wearing of high heels in the rented apartment.
“The question of whether wearing high heels – especially stiletto heels – still constitutes a contractual use is controversial in case law,” says Walther. In 1962, the Essen district court affirmed a claim for damages, since wearing shoes with stiletto heels in the apartment “no longer constitutes contractual use”. So the apartment and in particular a sensitive wooden floor could be damaged. The district court of Mannheim came to the same conclusion in 1974. “This opinion is also supported by a technical paper from 2020,” says Walther. So it can be assumed that there has been no rethinking since the judgments were issued.
According to this view, it is reasonable for tenants either not to wear high heels in the apartment at all or to prevent damage by laying out carpets. The Freiburg district court took a different view in a decision from 1991 and came to the conclusion that pressure points in the parquet floor caused by women’s shoes with high heels are still covered by the normal use of the rented property if they are not very deep and extensive. With greater intensity, the district court of Freiburg would have affirmed a claim for damages.
Munich: Can high heels damage an apartment? Courts disagree
In the decision, the district court of Freiburg explicitly points out that landlords should use a clause that prohibits the wearing of shoes with high heels. “If such a clause is included in the rental agreement, wearing such shoes no longer constitutes contractual use and the tenant is liable for damages if there are marks on the parquet floor,” says Walther.
Naturally, such damage is often only noticed after the tenancy has ended and the apartment has been handed over. “The landlord will then deduct the costs of repairing the damage from the rental deposit.” This regularly leads to a lack of understanding among the (former) tenant and both parties meet again in court. Walther advises: In order to avoid this, the tenant should read the small print carefully before signing the contract and consult a lawyer if in doubt.
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