November 13, 2023, 2:06 pm | Read time: 3 minutes
Over time, a lot of clutter tends to accumulate in the basement, where there’s no room for it in the apartment. Occasionally, the landlord may request that the space be cleared out—such as when construction work is planned. Is he even allowed to do that? And who is liable if something goes missing?
A basement is primarily a storage space and often part of the rental property. Even if it’s just a few square feet, the area is frequently used for things like Christmas decorations, old household appliances, or other items you don’t want in the apartment. However, there may be instances when the landlord asks the tenant to clear out the basement. myHOMEBOOK consulted a rental law expert to find out what is permissible in such cases–and what is not.
When do tenants have to clear out the basement?
“If work needs to be done in the basement that the tenant is not responsible for, the landlord can ask them to clear out the basement or have it cleared,” explains Anja Franz from the Munich Tenants’ Association in response to a myHOMEBOOK inquiry. Tenants must comply with such requests.
However, there are also some regulations the landlord must follow. According to Franz, the landlord must cover the costs incurred, as the tenant is not responsible for the circumstances. “Even if items need to be stored elsewhere for this reason, the landlord must organize and cover the costs,” the expert adds.
By the way: Fire safety measures can also be a reason why tenants need to clear out the basement.
Related: What can tenants store in the basement?
Does the landlord have to provide a replacement space?
But where to put all the stuff? In many cases, there isn’t enough space in the apartment, and the hallway or drying room is often unsuitable. Additionally, it is usually not secure. However, if the basement is part of the rental agreement–and it usually is–the tenant is entitled to a replacement space to store their belongings, according to Franz.
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Who is liable if something goes missing?
The rented basement compartments are usually secured with a padlock–only the tenant has access. If the basement needs to be cleared and theoretically someone could access the belongings stored elsewhere, tenants must inform the landlord. This is the case if the replacement space cannot be locked. “If the landlord does nothing, they or the insurance is liable,” explains Franz.
However: If tenants place their clutter in the unsecured drying room, the landlord will not be liable. After all, it is not an official storage space, says the rental law expert. In general, “The person who caused the damage or is responsible for it is always liable for damages.”