The barbecue master next door doesn't care if the smoke bothers us. Is he allowed to barbecue every day?
No other topic fuels disputes between neighbors as much as open-air barbecues. In principle, however, neighbors must accept barbecues on the balcony or in the garden. However, there are restrictions. No one has to put up with smoke from next door fuming up their own apartment. And be careful: if barbecuing is expressly forbidden in the rental agreement, it really isn't allowed. The best way to avoid a neighborly dispute is not to use every weekend to prepare meat and co. outdoors.
Is it true that there is a risk of a neighbor dispute if you party too much?
There is no right to party. But in principle, you can party at home every day, as long as you keep to the prescribed quiet hours after 10 p.m. and don't disturb the neighbors in any other way. If noisy guests disturb the peace at night, you can expect a visit from the police and a fine.
But surely completely different laws apply to a soccer World Cup or European Championship party?
No, because the night's rest also applies from 10 p.m. during goal celebrations. If you absolutely need beer and noise in the open air for the soccer tournament, it's better to watch the games at a public viewing. And as far as decorations are concerned: unless the landlord has a fundamental objection, every tenant is allowed to turn their balcony into a flagged fan curve. The decisive factor is that flags and posters are properly secured, i.e. they cannot injure or damage passers-by or parked cars by falling down.
As soon as the sun shines, the neighbor's children start making noise in the garden. Can they always be so loud?
Yes, and the smaller they are, the more noise they are allowed to make. At least that's how you can interpret the rulings of various courts. Children are only considered to be disturbing the peace if they do not behave in a socially acceptable manner. For example, moving furniture or banging on radiators and walls while playing indoors during quiet hours. In this case, you can reduce the rent as a neighbor. Then the landlord has to take the blame and see how he can stop this noise nuisance.
All I ever hear is: keep to quiet hours. What exactly does that mean and who sets them?
Quiet times are part of all house rules and are intended to ensure that people can live together in harmony. If no other times are specified in the tenancy agreement, the times stipulated by the BGH apply: quiet hours should be between 1 and 3 pm and between 8 pm and 7 am every day. This means: During this time, all activities associated with noise should not be audible outside the locked apartment. In addition, a night's rest must be observed between 10 pm and 6 am. The quiet period applies all day on Sundays and public holidays. If you or your neighbors permanently violate this, there is a risk of a comprehensible neighbor dispute.
Do I really have to listen to amateurish piano strumming for hours every day?
According to the German Tenants' Association, house music is generally permitted. Just as you can use a television, radio or CD player, you can also play the piano, recorder or trombone. If there are no specific regulations in the tenancy agreement, the courts have ruled that tenants may practice for two to three hours a day outside of quiet hours. The quality of the music performance (unfortunately) has no influence on these times. So if you get into a dispute with your neighbors over this, the law is on your side.
Lawn mowers, shredders, hedge trimmers - is there a break for these devices?
Yes and no, the times are clearly regulated. Lawn mowing, for example, is generally prohibited in residential areas on Sundays and public holidays and on weekdays from 8 pm to 7 am. Grass trimmers, leaf blowers and leaf collectors may only be used on weekdays between 9 am and 1 pm or from 3 pm to 5 pm. If you ignore these regulations, not only can you usually not prevent a neighborly dispute, but you also risk a fine. However, quiet manual work is permitted at all times.
What do I have to bear in mind when planting bushes and trees along the garden fence?
This is a difficult question, as each federal state has completely different regulations. To be on the safe side, you should ask the local authority in advance about the applicable law. Experts recommend maintaining a safety distance of around 20 centimetres from the property boundary in addition to these regulations. This can prevent any impending neighborly disputes.
My neighbor hates my garden gnomes. Can I put them up anyway?
Even if the neighbor doesn't like it, putting up garden gnomes is not prohibited. However, this only applies to gnomes in the standard DIY store sense. Life-size figures that give the neighbor the finger can rightly be objected to.
There's constant stress with our balcony neighbor. Can he talk me into everything?
In principle, no, because the balcony is part of the apartment, so chairs, benches, tables and parasols are allowed. However, flower pots or flower boxes must be properly secured so that they do not fall down in strong winds and endanger passers-by. Neighbors, however, do not have to put up with flower petals constantly falling onto their own balconies. And watering water must not affect the neighbor below or the façade of the house.
The neighbor's cat is constantly roaming through our garden. Do I really have to tolerate this?
Yes, and not just in the garden, but even on your own balcony. According to case law, this is only a minor nuisance. On the other hand, you do not have to tolerate cats entering your home under any circumstances. Cats are also not allowed in other people's homes.
Can I pick my neighbor's cherries if they are hanging over the garden fence?
No, even if the fruit grows directly into your mouth - it still belongs to the owner next door. Harvesting without prior agreement is not permitted. However, if the fruit has fallen on your own property without any action on your part, you are free to pick it.