Philipp Reinhard - © Philipp Reinhard, 2016Smoke detectors save lives – especially at night when fires often go unnoticed. For landlords, in addition to installation, the question arises: Which costs can be passed on to tenants? This article explains what is legally permissible – from purchase to maintenance – and how landlords can stay on the safe side.
What does the smoke detector requirement regulate for landlords?
The installation of smoke detectors is legally required in all German states. The owner is always responsible – regardless of whether they are the owner-occupier or landlord. Installation is considered a modernization measure under Section 559 of the German Civil Code (BGB) and must be tolerated by tenants – even if they have already installed their own smoke detectors.
Smoke detector requirement in the German federal states
Can the acquisition costs be passed on to the rent?
Yes – but not through operating costs. The costs for purchase and installation can be passed on to the base rent via a rent increase in accordance with Section 559 of the German Civil Code (BGB). An annual increase of 8% of the investment costs is permissible. For example: €150 in acquisition costs leads to a €1 monthly rent increase.
Why are rental costs for smoke detectors not chargeable to the tenant?
The allocation of rental costs was long a point of contention. Since the Federal Court of Justice (BGH) ruling of May 11, 2022 (VIII ZR 379/20), it is clear: Rental costs for smoke detectors may be passed on to tenants. not Operating costs are billed separately. Such agreements in the lease are invalid.
Are maintenance costs eligible for cost allocation?
The Federal Court of Justice (BGH) classifies functional tests, battery tests, and visual inspections as operating costs because they are not one-off but recurring and are not considered repairs for defects. These measures fall under "other operating costs" (§ 2 No. 17 BetrKV), but require explicit mention in the lease agreement, such as "smoke detector maintenance" or "fire protection costs."
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Conclusion: What landlords should consider
The allocation of costs for smoke detectors is clearly regulated by law – but often misunderstood:
- acquisition cost may have a Rent increase according to § 559 BGB The costs will be passed on to the tenants.
- Rental costs for smoke detectors are not chargeable – according to the Federal Court of Justice ruling of 2022.
- maintenance costs are considered apportionable operating costs according to § 2 No. 17 BetrKV.
To the Cost allocation legally compliant To ensure this is done, a clear clause in the rental agreement is recommended. This will help avoid future disputes.
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