Coal barbeque on the balcony

35 posts in this topic

So I got home tonight to find my apartment filled with smoke...worrying that my apartment was on fire and at the same time thinking that my possessions couldn't possibly smell that delicious if alight, I quickly realised that my downstairs neighbour was busy barbequing up his dinner and destroying my apartment all in one fell swoop.

 

Being a dick, I ran downstairs and proceeded to berate a man 15 years my senior for barbecuing on his balcony. Now, whilst feeling like I went at things a bit too much like a bull in a china shop, I want to find out if the law is the same for Berlin as it is for Munich....i.e. no coal fired barbeques on the balcony, only gas and electricty. If this is the case then I can potentially find a compromise here...I can get him to stop filling my apartment with smoke and he can continue to barbecue. What I'm worried about is that he will continue to barbecue (using coal) and I will continue to feel myself compelled to be an even bigger dick in the future in a neverending war of attrition that will most likely end with me dying of asphyxiation from the inch thick smoke in my apartment.

 

Can anyone out there help me?

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Looks like BBQ using coal on balconies is allowed in Berlin unless your rental contract or the house rules for your particular building forbids it or thick smoke gets into a neighbouring apartment.

 

Dürfen Mieter auf dem Balkon grillen?

 

 

Darf ich auf dem Balkon grillen? Ja, es sei denn, der Mietvertrag verbietet das Grillen oder dichter Rauch zieht in die Nachbarwohnung. (LG Essen, AZ: 10 S 438/01)

 

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normally only the top apartment the can use coal - cos no one above. Not sure if that's the law or just the rules in most haus?

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Well there was definitely thick smoke in my apartment....so I guess that means it's not allowed? How do they measure smoke density here? It seems crazy that you should be allowed to have a coal barbeque on your balcony....they create so much smoke that it's bound to cause annoyance to the neighbours.

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What was his response when you approached him about this? Did he understand your concerns?

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I guess you do not want to go to court to get a decision wether in your specific case....

 

First check you rental contract if it has that clause that would prohibit BBQ and if not, write a letter of complaint to the landlord.

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If you want to be a twat, next time, call the fire brigade, go downstairs and wait for the fun.

 

Flat was full of smoke that appeared to be coming from downstairs - what else could you think - fire!!

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Barbecue smoke lingers and can get in your clothes and furniture too. So perhaps mention this in the letter to the landlord.

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I think the question here is what consittutes a false alarm.

 

1). Standing at a phone box, calling the fire brigade and saying 'there si a fire here'

or

2). Finding your flat full of smoke, calling the fire brigade and saying 'there is a lot of smoke coming from downstairs, there could be a fire.

 

Ok, in the panic your missed the smell of cooking food...

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Well there was definitely thick smoke in my apartment....so I guess that means it's not allowed?

 

If it's a problem - close your windows.

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He was a little blasé and said he didn't realise my windows would be open. Thing is, is that he can see that the windows are open if he looks up. I said that it was a warm day today and the apartment gets quite warm so we need to keep the windows open. He said well what do you want me to do about it, I can't take back what's done. I told him maybe he should try and give us a bit of notice first in the future. This all reads much more civil than it actually was....his attitude was one of couldn't care less, not my fault as I didn't know, and my attitude was probably more like I will rain fire and brimstone on you and your house till the end of days (I'm not feeling very well today, so my temper is perhaps a little frayed).

 

The contract doesn't say anything specific....but I do remember the Hauswart saying that barbecuing was not allowed...whether he was talking about the hof or the balconies I don't remember, but I would imagine that if the Hof is off limits then surely the balconies would be as well.

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If it's a problem - close your windows.

 

So I have to always close my windows when I'm out at work, just in case this guy decides to barbecue whilst I'm out? I have to close my windows when I'm at home and it's hot, just because otherwise this guys smoke will pollute my livingspace? I'm glad you're not my neighbour if that's your attitude. Anyway, just spoke to a lawyer friend....it's not forbidden if it's not forbidden in the contract, but they are responsible for the amount of smoke, in the same way they are responsible for the volume of any music they choose to play. If it disturbs others then they are obligated to take steps to deal with the situation. I'll check with the Hauswart tomorrow anyhow, just so that I know exactly where the Hausverwaltung stands on balcony barbecuing and if it happens again...well...I guess I'll just have to jump off that bridge when I get to it.

 

Oh and then there's this little beauty,

 

In einem Mehrfamilienhaus darf man einmal im Monat auf dem Balkon grillen, wenn die anderen Mieter 48 Stunden vorher darüber informiert wurden (Amtsgericht Bonn, 6 C 545/96).

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you will find dozens of contradicting court decisions about the matter. Try to find a individual solution, citing court decisions will end in getting shown court decisions which just states the opposite.

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So I have to always close my windows when I'm out at work, just in case this guy decides to barbecue whilst I'm out? I have to close my windows when I'm at home and it's hot, just because otherwise this guys smoke will pollute my livingspace? I'm glad you're not my neighbour if that's your attitude. Anyway, just spoke to a lawyer friend....it's not forbidden if it's not forbidden in the contract, but they are responsible for the amount of smoke, in the same way they are responsible for the volume of any music they choose to play. If it disturbs others then they are obligated to take steps to deal with the situation. I'll check with the Hauswart tomorrow anyhow, just so that I know exactly where the Hausverwaltung stands on balcony barbecuing and if it happens again...well...I guess I'll just have to jump off that bridge when I get to it.

 

Oh and then there's this little beauty,

 

In einem Mehrfamilienhaus darf man einmal im Monat auf dem Balkon grillen, wenn die anderen Mieter 48 Stunden vorher darüber informiert wurden (Amtsgericht Bonn, 6 C 545/96).

 

jezzzzzzz, what a toss pot.

 

Was a joke [man], my sensible answer being at the top of the page - despite you lack of details, such as the guys response.

 

Go on, quote the law again, it really turns me on.

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jezzzzzzz, what a toss pot.

 

Was a joke, my sensible answer being at the top of the page - despite you lack of details, such as guys response.

 

Go on, quote the law again, it really turns me on.

 

Love it when you talk dirty man...and don't call me Jeremy!

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You can always hope that he'll bring his not-yet-cooled grill into the flat after barbecuing some evening and close all his windows. He'll be dead by morning.

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