According to a ruling by the Federal Court of Justice, a landlord who is also the owner of the apartment is generally liable for damages suffered by a tenant as a result of a fall on icy ground if the obligation to clear and grit the communal property has not been fulfilled.
The case: The plaintiff is a tenant of a condominium owned by the defendant in an apartment building in Solms. A limited liability company that operates a professional janitorial service is responsible for winter maintenance of the sidewalks on the property on behalf of the condominium owners' association. When leaving the building, the plaintiff fell on the path leading to the building, which had not been cleared of ice despite warnings of black ice. She sustained significant injuries as a result.
The district court awarded damages for pain and suffering in the amount of €12,000 and dismissed the remaining claims. However, on appeal, the regional court dismissed the claim in its entirety. It argued that the transfer of the duty to clear snow and ice in winter from the homeowners' association to a professional janitorial service meant that the defendant landlord could only be held liable in if she had violated her monitoring and control obligations with regard to the executing company, which was not apparent in this case.
The Federal Court of Justice ruled (BGH, August 6, 2025, VIII ZR 250/23) that the defendant landlord is obliged under the lease agreement to clear and grit the paths on the property of the apartment during the winter months. According to the Federal Court of Justice, this ancillary obligation under the rental agreement also applies if the landlord—in this case, the defendant—is not the (sole) owner of the property, but a member of a condominium owners' association.
Tip: The parties could have reached an agreement that deviated from this basic distribution of contractual obligations. For example, the rental agreement could have clearly stipulated that the tenant is responsible for clearing and gritting the paths and that she therefore cannot assert any contractual claims against the landlord in the event of liability.
Photo: © Congerdesign, Pixabay
