Legal column: Is it permissible to install an awning?

Smart ventilation, frozen water bottles on the shelf, or damp towels by the window: As regularly as the heat waves, the corresponding advice sweeps through the summer. Some of it isn't particularly popular (putting socks in the fridge) or not particularly practical (turning off the computer), but it's easy to implement. However, tenants shouldn't go it alone when it comes to the most effective remedies for the summer heat: Anyone who wants to install sun protection must consult their landlord first.

"There is no general right to install awnings, blinds, or shutters," emphasizes Luisa Peitz, legal advisor at Haus & Grund Deutschland. Whether the landlord must consent depends on the specific circumstances. For example, whether the building is a listed building or whether its visual appearance would be significantly impaired. However, when weighing the interests, case law tends toward sun protection: According to a ruling by the Berlin Regional Court (case no. 64 S 322/20), landlords must permit the installation of an awning if there is no compelling reason to object.

The landlord could not argue in this case based on the beauty and aesthetics of the facade. The court held that the interest in adequate sun protection was more important than any perceived "visual and aesthetic impairments." The expert also determined that installing an awning would not cause damage to the masonry or thermal bridges. And the suggestion that the tenant could set up several parasols was of no use to the owner. The regional court indicated that a cluster of colorful parasols on balconies is no more beneficial to the building's aesthetics than awnings. And awnings have the advantage of offering the greatest possible protection from the sun – without unreasonably restricting the use of the balcony.

Moths, ants, silverfish: When insects live in your home, things get tricky. Pest control is usually the responsibility of the landlord. But tenants also have responsibilities.

However, anyone who wants to install a sunshade must have it professionally installed. Landlords can also insist that tenants take out liability insurance and pay an additional deposit to cover dismantling costs.

Things get more complicated when it gets very hot not just on the balcony, but throughout the entire apartment. Summer heat per se isn't a significant defect. There are also no legally defined temperature limits for living spaces. Therefore, tenants generally have no right to demand that the owner subsequently install shutters or air conditioning. "Only when temperatures inside are permanently and significantly higher than outside temperatures, and normal use is no longer possible, can a defect exist," says Peitz.

According to the Tenants' Association, the pain threshold is approximately 30 degrees Celsius (86 degrees Fahrenheit) on a regular basis. However, some district courts have also based their decisions on the Workplace Ordinance, which defines 26 degrees Celsius (86 degrees Fahrenheit) as a critical threshold. In court, it always depends on the individual case – and also on the apartment itself. For example, tenants in new buildings can expect lower temperatures than in older buildings ( Hamburg District Court, case no. 46 C 108/04 ). Under tenancy law, a material defect exists if the thermal insulation does not meet the state of the art that applied when the building was constructed.

Residents of attic apartments, on the other hand, are at a disadvantage. While they don't have to endure extreme temperatures and are entitled, for example, to terminate their tenancy without notice if their budgie falls dead from its perch in 46 degrees Celsius ( Berlin Constitutional Court, case no. 40/06), in normal summer heat, they may not be allowed to reduce their rent as quickly as their ground-floor neighbors. Anyone living in the attic must generally expect it to be particularly hot in the summer (Leipzig District Court, case no. 164 C 6049/04).