FAQ Smoke detectors: when and where lifeguards are required

No. Operating costs are only those expenses that arise regularly, for example monthly or annually, when operating a rented property. If you buy and install smoke detectors, you only have to pay these once. Instead of buying smoke detectors, landlords can also rent them from external companies. It is controversial whether the rental costs that are then regularly due are considered operating costs that the tenant has to pay:

Rental costs can be passed on as operating costs: The district court of Magdeburg is of the opinion that the landlord can pass on the rental costs to the tenants (Az. 1 S 171/11).

Rental costs cannot be passed on as operating costs: According to the Berlin Regional Court, the costs of renting a smoke detector cannot be passed on to the tenant as operating costs, but the costs for its annual maintenance are (judgment of April 8, 2021, Az. 67 S 335/ 20).