Permission from the landlord required if the work is visible to the outside
When it comes to the question of when a permit is required and when not, the decisive factor is whether the work itself is visible to the outside, for example through a sign, or whether customers or employees are coming and going. As soon as the home address is given as a permanent establishment and business mail is sent there, permission is required, says the BGH (VIII ZR 149/13).
Therefore, if you have a lot of public traffic or even want to put a sign on the door, you should ask the landlord for permission. “In writing,” emphasizes Hartmann. Because that way you have proof that you have taken care of it. “If possible, you should get the permit in writing and then attach it to the rental agreement.”
And if it is a phone call, at least a phone note with the date and time is useful. “If visits are rather rare and the work does not cause any noise, the landlord really has no reason to forbid the work,” says Hartmann.
In the event of a lawsuit, the tenant should be quite sure
If he does, the tenant can go to court and try to sue for permission. “This also applies in the event that you are absolutely certain that you are right,” says rental expert Hartmann. Otherwise, the landlord who disagrees will send a warning and can even terminate the contract without notice. “Those who only go to court then have to hope to have a judge who assesses the situation in a tenant-friendly manner. It is therefore safer to sort things out beforehand, ”says Hartmann.
In the event of disputes between tenants and landlords, the individual case is always considered
Ultimately, the individual case is always considered in court: The Bonn District Court decided that the noise caused by a childminder supervising the three children was no greater than that of a family. That is why you shouldn’t simply forbid her to work in the rented apartment (Ref .: 27 C 111/17).
The BGH was different in a case involving five day children: Here, the rented apartment was used for partial commercial purposes (BGH V ZR 204/11). “It also plays a role that the parents’ cars are parked in front of the house and more people than usual are walking down the hall,” says Hartmann. This ultimately wears out the corridor or the stairs and the stairwell faster than would otherwise be the case. “Of course there is also the noise from the apartment,” says Hartmann.
Music lessons are also usually not allowed to be given in the rented apartment; the BGH has also already passed a judgment on this (BGH VIII ZR 213/12). A cosmetic studio is also usually not allowed in the rented apartment. The same applies to an engineering or brokerage office, where customers often come and go.