Is my neighbor allowed to do that? Do I have to put up with it from my landlord? The subject of rent is the biggest topic of dispute in this country. So that you know what your rights are as a tenant, we have summarized the most important rulings for you at a glance. So you can perhaps look forward to the next conflict with (more) peace of mind.

Settlements

Objection: A tenant does not have an unlimited amount of time to object to the landlord's statement of operating costs and raise an objection. If the tenant lets the deadline of twelve months pass, he must pay all costs, even if the statement is incorrect and he is right according to the law or agreements in the tenancy agreement.
BGH, Ref.: VIII ZR 209/15

Service charges: This ruling has weakened your rights as a tenant: Last year, the Federal Court of Justice surprisingly ruled that landlords no longer have to issue a detailed service charge statement. This means that tenants can no longer see the plausibility of the bills. The only option available to tenants is that they must recalculate by inspecting the receipts themselves.
BGH, Ref.: VIII ZR 93/15

Rental deposit: The judges ruled that the landlord may not simply withhold part of the rental deposit if there are still outstanding, time-barred claims for service charges or utility bills when the tenant moves out.
BGH, Ref.: VIII ZR 263/14

Repairs

Craftsmen: As a general rule, if something is broken in the house or apartment, the landlord must be given the opportunity to record the damage and repair it himself. However, if it is an emergency, such as a defective heating system in frosty weather, the tenant may also hire a tradesman immediately. What constitutes a real emergency should in most cases be decided together with the landlord. Otherwise, the tenant may end up bearing the costs themselves.
Münster District Court, Ref.: 4 C 2725/09

Renovation:One of the most frequent points of contention between tenants and landlords is cosmetic repairs. The fact is that anyone who has moved into a freshly renovated apartment and has lived there for less than five years does not have to renovate when they move out and does not have to pay a proportion of the costs. Even if you renovated the flat yourself when you moved in without receiving any financial compensation from the landlord, you can leave your paint bucket and brushes alone.
BGH, Ref.: VIII ZR 242/13
BGH, Ref.: VIII ZR 185/14

Termination

Access:The landlord has the right to gain access to the apartment under certain circumstances. This requires a specific, objective reason, whereby the visit must be announced in advance. If the tenant refuses access, he is in breach of his obligations, but in most cases this is not sufficient for termination without notice.
LG Berlin, Ref.: 65 S 202/16

Own use:Last year, the Federal Court of Justice issued an important ruling that weakens tenants' rights. According to the judges, so-called civil law partnerships (GbR) may terminate tenants of a property for personal use. Previously, investors were not permitted to do this. The problem: with the help of such companies, which are easy to set up, tenants' protection against dismissal can be circumvented.
BGH, case reference: VIII ZR 232/15

Debts: Tenants who are in arrears with the payment of two months' rent may be terminated without notice. This also applies to Hartz IV recipients for whom the office does not want to pay for a new apartment.
BGH, Ref.: VIII ZR 175/14

Rent

Costs:If a tenant pays too much for their apartment, they can demand the money back from the landlord. The case in question involved a Hartz IV recipient who lived in an apartment that was supposedly 71 square meters in size. When the woman found out that the apartment was actually only 47.1 square meters, she asked her landlord to refund the rent she had overpaid. However, he refused. His argument: the tenant had no rights, as he had concluded a contract with the job center and not with her. The judges saw things differently. He had to pay the money back to the woman, who then passed it on to the job center.
LG Berlin, Ref.: 65 S 477/14

Rent reduction: Reducing the rent is a means of pressure for many tenants. Especially if there is a defect. Prerequisite for the rent reduction: The landlord was informed of the defect and had time to rectify it. The tenant must assess for themselves how high the reduction may be. Even if it is too high, in the worst case, the tenant may have to pay additional rent, but the tenant may not be given notice. It only becomes difficult if the withheld rent adds up to more than one month's rent and is unjustified. This can entitle the landlord to terminate the lease without notice.
BGH, Ref.: XII ZR 254/95
BGH, Ref.: VIII ZR 138/11

Receipt of payment: The usual clause in the tenancy agreement, according to which the rent must be received by the landlord by the third working day of a month, is inadmissible. This has now been decided by the Federal Court of Justice. It is sufficient if tenants have transferred the money to their bank on the third working day.
BGH, Ref.: VIII ZR 222/15

Neighbors

Smoking: Can you smoke on the balcony or by the window without restrictions? What are my rights as a tenant if I don't smoke? The Federal Court of Justice ruled on this fundamental question in 2014. For decades, this rule had previously applied: the balcony or window belongs to the apartment, so smoking is permitted there. In 2014, however, the Federal Court of Justice ruled in favor of non-smokers that smoking on the balcony of an apartment building is no longer simply permissible. If neighbors feel disturbed, they can enforce that smoking must be refrained from at certain times.
BGH, Ref.: V ZR 110/14

Shoes: Am I allowed to leave my shoes in the stairwell in front of my apartment door or not? Yes, says the court. But only if it is snowing or raining. Bad weather is the only reason why wet shoes may be temporarily placed on the doormat in front of the door. But: A clause in the tenancy agreement that would generally prohibit leaving shoes in the hallway is inadmissible.
OLG Hamm, Ref.: 15 Wx 168/88

Baby carriages: Prams may be parked in the hallway. Especially if parents cannot reasonably be expected to carry the baby carriage or buggy several floors into the apartment. However, this must not cause considerable inconvenience to the neighbors.
BGH, Ref.: VZR 57/06