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I can't think of a law that would allow landlords to enforce that in a rental contract. Renting is heavily regulated in Germany. Consumption is different, but

I can't think of a law that would allow landlords to enforce that in a rental contract. Renting is heavily regulated in Germany. Consumption is different, but the new law is very specific in what is allowed and what isn't, and an unconditional ban is unlawful, as is already the case with cigarettes.

summarity 3y ago
Landlords successfully get people to adhere to all kinds of technically illegal rules. If you need a space, you sign whatever they give you. Waiting times for a consultation with renters associations in Berlin are 3-4 weeks right now. For example, they often prohibit plants of certain sizes on balconies, and entirely elsewhere. Legal? Maybe not - but here in reality you have little recourse.
- Longhanks 3y ago
  Okay, but in that reality you're morally perfectly fine by just not telling your landlord. Landlords cannot legally visit you in the apartment unless they give you proper notice in advance and they must not keep any keys while the apartment is rented. Just saying.
  - summarity 3y ago
    > Okay, but in that reality you're morally perfectly fine by just not telling your landlord. This is the way :)
- snehk 3y ago
  > Legal? Maybe not - but here in reality you have little recourse. The recourse would be to simply not move out. Even if it's in the contract, illegal parts of the contract are void.
- pimeys 3y ago
  You sue the landlord immediately after signing the contract and get thousands of euros in a few years... Just be a member of Mieterverein, pay them that 70€ a year and you pay nothing else for the lawyer. I know a few people who took way too expensive rental contract, sued and got the money back in court. It is annoying that you need to do this, but there is a way and it only costs your time.
- junon 3y ago
  Then you go to a Mieterschutzverein and put them in their place.
- tgsovlerkhgsel 3y ago
  > If you need a space, you sign whatever they give you. Exactly. And then you ignore the bullshit.
- _ph_ 3y ago
  That is the nice thing about German contract law. If you as a private person (v.s. a head of a business) sign a contract, you are widely protected from unfair contract terms. This applies to any contract but especially employment or rent contracts.
  - slow_typist 3y ago
    Beware if you buy a house from a natural person though, even if the house is sold through a professional broker, you are pretty much on your own. And filing a private lawsuit later gets very expensive (and can get pretty nasty).

summarity 3y ago

Landlords successfully get people to adhere to all kinds of technically illegal rules. If you need a space, you sign whatever they give you. Waiting times for a consultation with renters associations in Berlin are 3-4 weeks right now. For example, they often prohibit plants of certain sizes on balconies, and entirely elsewhere. Legal? Maybe not - but here in reality you have little recourse.

Longhanks 3y ago
Okay, but in that reality you're morally perfectly fine by just not telling your landlord. Landlords cannot legally visit you in the apartment unless they give you proper notice in advance and they must not keep any keys while the apartment is rented. Just saying.
- summarity 3y ago
  > Okay, but in that reality you're morally perfectly fine by just not telling your landlord. This is the way :)
snehk 3y ago
> Legal? Maybe not - but here in reality you have little recourse. The recourse would be to simply not move out. Even if it's in the contract, illegal parts of the contract are void.
pimeys 3y ago
You sue the landlord immediately after signing the contract and get thousands of euros in a few years... Just be a member of Mieterverein, pay them that 70€ a year and you pay nothing else for the lawyer. I know a few people who took way too expensive rental contract, sued and got the money back in court. It is annoying that you need to do this, but there is a way and it only costs your time.
junon 3y ago
Then you go to a Mieterschutzverein and put them in their place.
tgsovlerkhgsel 3y ago
> If you need a space, you sign whatever they give you. Exactly. And then you ignore the bullshit.
_ph_ 3y ago
That is the nice thing about German contract law. If you as a private person (v.s. a head of a business) sign a contract, you are widely protected from unfair contract terms. This applies to any contract but especially employment or rent contracts.
- slow_typist 3y ago
  Beware if you buy a house from a natural person though, even if the house is sold through a professional broker, you are pretty much on your own. And filing a private lawsuit later gets very expensive (and can get pretty nasty).