Owners are allowed to rent out their apartments to holiday guests, even if the neighbors are against it. The BGH has now decided that and is making restrictions if the guests are loud and dirty.
Dhe rental of an apartment to holiday guests cannot be prohibited by the majority of the co-owners. The Federal Court of Justice (BGH) decided on Friday. The action brought by a community of owners from North Rhine-Westphalia finally failed. The prohibition interferes impermissibly with property rights, it is said to justify. The final judgment relates to the rights of a community of owners. It does not change the fact that cities and municipalities can prohibit renting to holiday guests because of misuse.
In the specific case, it was about a house with eight condominiums near Papenburg. One of the owners rented his apartment to factory workers who changed frequently. Renting out as a holiday or company apartment is generally permitted by law. Here, however, the owners decided with a majority of 75 percent that renting to tenants who change daily or weekly is no longer permitted.
The owner sued the decision and won all court cases. The community of owners can only change the declaration of division with the consent of all owners. The prohibition of renting to holiday guests can therefore not be decided against the will of the landlord.
The reason given is that the owner must be able to rely on the fact that the originally permitted use will not be restricted without his consent. A prohibition is only permissible if the other residents of the house are disturbed by noise or dirt. However, it is not a reason that you do not know the holiday guests and workers who come and go in the house.