Tenant's duty to tolerate: An important aspect in tenancy law

What is the duty to tolerate?

The duty to tolerate refers to the legal obligation of tenants to allow certain measures by the landlord or works commissioned by them to be carried out in and around the rental property. This duty serves to facilitate proper maintenance and modernization of the residential complex and to ensure that the building complies with current technical and energy standards.

In which cases does the duty to tolerate apply?

Tenants must tolerate the following measures in particular:

• Maintenance and repair work: Work necessary to repair or prevent damage and to preserve the substance of the building.

• Modernization measures: Measures that improve the living value of the property, increase energy efficiency, or raise the overall standard of the property.

• Measures to improve general usability: These include, for example, the installation of an elevator or the improvement of waste disposal facilities.

Rights and obligations of tenants

• Right to information: Tenants have the right to be informed in a timely and comprehensive manner about planned measures. This includes information about the nature, scope, duration, and expected impact of the measures.

• Possibility of objection: If there are unreasonable impairments, tenants have the right to object. This may be the case if the measures constitute a significant burden or temporarily render the apartment uninhabitable.

• Entitlement to rent reduction: In case of significant impairments due to construction measures, a rent reduction may be justified under certain circumstances.

• Duty to tolerate: If the measures are legally permissible and do not unreasonably burden the tenant, there is a duty to tolerate.

Rights and obligations of landlords

• Duty to inform: Landlords must inform their tenants in a timely manner about planned measures and explain the nature, scope, and duration of the work.

• Minimization of impairments: Landlords are required to plan and carry out the measures in such a way that disruptions for tenants are kept to a minimum.

• Consideration of objections: Landlords must take tenants' objections seriously and consider whether and how they can be addressed.

Conclusion

The duty to tolerate is an important part of tenancy law, which maintains the balance between the preservation and improvement of the residential substance and the rights of tenants. Open communication and consideration of respective rights and obligations are crucial for a smooth implementation of the measures. At Hochheiden Property Management, we attach great importance to transparent and fair dealings with all parties involved to ensure the satisfaction of our tenants and the preservation of the value of the properties entrusted to us.

Do you have any questions about the duty to tolerate or need assistance with carrying out maintenance or modernization measures? Contact us – we are here to assist you with our expertise and experience.