Rent for smoke alarm cannot be transferred to the tenant

In an increasing number of federal states, homes have to be equipped with smoke detectors. It is no wonder that new legal issues arise in rental and WEG law following this development due to the associated costs.

Rented smoke alarm

According to the lease, operating costs within the meaning of the operating costs Ordinance are borne by the tenant. Among the operating costs listed there is also the item "rental and maintenance costs for smoke detectors".

In the course of the process, tenants had recognised their duty to tolerate the installation of smoke detectors. There was only the question of whether and to what extent the cost of renting and maintaining the smoke alarm systems is as operational costs as operational costs.

Rental costs for detectors are not encapsulated

Not all costs depended on the tenants after the decision:

Reason: the maintenance costs for smoke alarm detectors are & quot; other operating costs & quot; within the meaning of §2 No. 17 BetrKV and were also expressly stated in the lease agreement.The cost of renting smoke alarm detectors, on the other hand, is not applicable operating costs, so that tenants do not have to bear them despite the agreement in the rental agreement. Justification: these costs replace acquisition costs which do not constitute operating costs.

No transferability by analogy

The transferability also does not result from an analogy to §2 No. 2, 4 and 5 BetrKV, according to which the costs of renting water and heat meters are operating costs. This is a derogation exclusively for meter rentals, which cannot be extended to the rental of other technical facilities.

Revision approved

The question of whether the cost of renting smoke alarm detectors in rental apartments can be transferred as operating costs under the agreement under the lease is assessed differently by the courts and has not yet been decided by the highest court. In order to clarify this question, the court allowed the revision to the BGH.

(LG Hagen, judgment of 4.3.2016, 1 S 198 / 15).

Read more News on the topic:

Smoke detectors: regulations in the Federal Stat

Smoke alarm: tenants must tolerate installation despite their own Devic

BGH: path may decide on smoke alarm

On the subject of operating costs also:

Operating costs: exceptionally, landlords must send copy

BGH: reduction suggests operating cost accounting by