Small business in the apartment
Anyone who runs a small business alongside their job or full-time in their apartment must ensure that they do not give landlords or other tenants any reason to complain. As a tenant, you should know the limits. Under certain circumstances, you risk termination without notice.
The law does not regulate the question of whether you, as a tenant, are allowed to have a job or a commercial activity in your rented apartment. If you do a small business, this is usually not objectionable as long as you adhere to certain limits.
An apartment is actually used for residential purposes
- After all: § 543 II 2 BGB stipulates that the landlord can terminate a tenancy for an important reason, in particular if the tenant uses the apartment contrary to the contract. The usual contractual use of a rental apartment is that it is used for residential purposes.
- If there is no special contractual provision in the rental agreement, you can assume that You are allowed to carry out those activities in your home that are normally carried out in your home will.
- There are no problems if you work as a journalist or writer or in domestic paperwork as a lawyer, teacher, civil servant or businessman.
Small businesses should not be noticeable to the outside world
- You exceed the normal use of living space if you work in an office-like organization operate, employ typists or employees, continuously business partners, clients or customers receive.
- Even with a small business, the purpose of an apartment is exceeded if it is for the outside world Landlords and tenants perceive activities to an extent that is beyond the use of an apartment goes out.
- A precise distinction between a permitted small business and an unauthorized commercial activity is hardly possible. It depends on the circumstances of the individual case.
Right of withdrawal from the rental agreement - rights as a landlord
A contract is a contract. There is a right of withdrawal only in certain, by law ...
It depends on the perceptibility
- It is therefore decisive whether your small business is usually carried out in business premises, and whether other tenants do theirs in comparable cases Exercise activity in the apartment, which public traffic occurs and which perceptible circumstances with regard to noise and pollution develop.
- It is less of a problem if you do your small business exclusively or mainly by telephone or if it is not apparent from the perspective of an outsider that you are doing a small business in your home exercise.
Neighborly consideration must be exercised
- In this respect, you should heed the requirement of neighborly consideration. After that, your personal space ends where your neighbors' space begins.
- The question is currently being asked by eBay activists. If you are increasingly selling items on eBay, you are making excessive use of your home if you use it primarily for storage and your activities are so noticeable to the outside that other tenants are disturbed in their peace and quiet feel.
- If your small business has a morally offensive character, you must expect that the landlord will not be able to tolerate this in the interests of the other tenants. But also here it depends on the local conditions in the house and the surrounding area.
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