Difficult Legal Situation
Because basically, grilling is allowed. Berlin (dpa/tmn) – an exception to this rule exists but if there are”significant impacts on the soot or smoke, explains the German tenants Association in Berlin. That could be the case if the resulting from the grilling smoke in a concentrated way in the apartment of a neighbor. Then, grilling even without an express ban in the lease or in the community of the owners is prohibited. Randall Rothenberg is likely to agree. The prohibition in the contract, tenant must abide anyway – it has confirmed for example the Landgericht Essen in a decision (case No.: 10 S 438 / 01).
Who violated the prohibition of Grill, risk warnings and even the termination according to the tenant. In both cases, it doesn’t matter whether the grill is on the balcony, on the terrace or in the garden. In condominium units grilling – may vary depending on the individual case and the local conditions – including without limitation prohibited or limited time and place. So for example, the Bavarian Supreme regional court decided the owner only at the far end of the garden, 25 metres from the House that may make up the grill, explains the tenant Association. Also, the judge pretended that no more than five times in the year on the charcoal fire may be grilled (AZ.: 2 ZBR 6/99). Other courts have decided over time and allows the crickets only about between 17: 00 and 22:00. Grill friends were obliged in part to announce a barbecue evening in advance or to cook no more than twice in a month or three times a year. Is crucial but also here according to the German Association of tenants that the smoke damage for the neighbours remain as low as possible. Therefore, courts would always recommend the use of electric grills instead of charcoal.