The ruling of the Federal Court of Justice (BGH) on October 11, 2023 (Case No.: VIII ZR 250/22) clarifies the responsibilities of landlords of a condominium for damage incidents on the common grounds of the housing complex. The decision was prompted by an incident where a tenant slipped on a slippery, uncleared path in the common areas and made claims against her landlord as a result.
Facts of the Underlying Case
The legal dispute was based on the fact that the owner of a condo had rented it to a tenant. During the winter, there was an accident on a path designated as common property. The tenant sustained injuries and claimed damages from the landlord.
Legal Basis: Duty to Ensure Safety and its Transfer
The central question concerned the extent of the duty to ensure safety. Generally, the owner of a property is obliged to prevent sources of danger emanating from their property. In residential complexes governed by condominium law, specific characteristics apply: the affected area is typically common property and falls primarily under the jurisdiction of the condo owners’ association.
In the present case, however, there was no explicit transfer of winter service obligations from the community to the landlord. The landlord argued that she should not be responsible for the lack of spreading and clearing duties, as these are community tasks.
Decision of the Federal Court of Justice: Liability Attribution Continues
The Federal Court of Justice did not follow this argument and clarified that landlords of a condominium must generally fulfill the duty to ensure safety in relation to their tenants, extending to common areas if the tenant is allowed to use the common pathways. The obligation is not lifted simply because maintenance or upkeep is attributed to the owners’ association under the partition declaration. In judging the lease relationship, it’s critical that the rented property maintains the contractually owed condition of use. This includes that access paths to the rented apartment can be used safely.
Thus, the landlord is fundamentally liable for violations of their contractual obligations even if the accident occurs on communal areas whose maintenance is formally assigned to the owners’ association.
Practical Significance for Landlords and Investors in Condominium Property
The ruling highlights the central role of the duty to ensure safety and its extension to common property within the framework of rented housing complexes. For landlords, this means that risks remain from obligations transferred to the condo owners’ association, and a review of their own coverage is advisable.
This judgment has far-reaching relevance for everyone involved in renting out condominiums, especially when designing and reviewing lease agreements and organizing security measures.
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