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Especially among hobby gardeners there are many helpful people who like to take over the flower watering on the balcony for their neighbors who are on holiday. But who, for example, must be liable for unintentional water damage caused by the helpful neighbour?
Who is liable for mishaps on the balcony?
In principle, one is liable for all damages that one has caused culpably. A tacit exclusion of liability is only possible in extreme exceptional cases and only if one has not received a fee for the activity. If something happens, you should immediately inform your personal liability insurance and clarify whether the damage is covered. Depending on the insurance conditions, some of the damages caused by favors are also explicitly recorded. If the damage is not caused by culpable conduct of a household stranger, depending on the case of damage and contract conditions often also the household contents insurance.
What to do when it drips on neighbor’s balcony?
The District Court Munich I (judgment of 15. 9.2014, Az. 1 s 1836/13 WEG) has decided that it is generally allowed to install flower boxes on the balcony and also to water the flowers planted in them. If a few drops land on the balcony below, there is basically no objection. However, these impairments must be avoided as far as possible. In the case to be decided, it was about two balconies lying one above the other in a condominium complex. The duty of consideration regulated in § 14 way must be observed and impairments beyond the ordinary measure must be avoided. This means: balcony flowers must not be watered if people are on the balcony below and are disturbed by the dripping water.
Is it allowed to hang flower boxes on the balcony?
Basically, you rent the balcony railing with, so that you can also attach flower boxes (Amtsgericht München, Az. 271 C 23794/00). However, the prerequisite is that any danger, for example from falling flower boxes or dripping water, should be avoided. The balcony owner bears the Traffic Safety obligation and is responsible if damage occurs. If the installation of balcony box brackets is prohibited in the rental agreement, the landlord may request that the boxes be removed (District Court Hannover, Az. 538 C 9949/00).
Is the use of a parasol allowed?
Even those who live for rent want to sit on the terrace or the balcony in the shade on hot summer days. The District Court Of Hamburg (Az. 311 s 40/07) has decided: unless otherwise specified in the rental agreement, an effectively agreed garden or house rules, a parasol or even a pavilion tent may in principle be set up and used. This does not exceed the permitted rental use, insofar as no permanent Anchorage in the floor or on the Masonry is required for the use.