The house rules (Hausordnung) govern communal life in German buildings – but not everything written in them is binding. What matters is how they became part of the contract.
Three levels of bindingness
- Part of the lease (agreed in or attached to the contract): binding, unless surprising or unreasonably disadvantaging (§§ 305 ff. BGB).
- Posted unilaterally in the hallway: organisational only – a notice board cannot create new duties.
- Condo association rules: resolved by the owners (§ 19 (1) WEG); binding on owners directly, on tenants only via their leases.
Quiet hours: the eternal fight
There is no federal "midday rest". Night quiet from 10 p.m. to 6 a.m. stems from state immission law; Sundays and holidays are protected all day. "Room volume" is then the ceiling. Children's noise enjoys special protection: under § 22 (1a) of the Federal Immission Control Act it is "as a rule not a harmful environmental effect" – clauses banning children's noise outright are void.
What house rules may do – and may not
Permissible: stairwell cleaning rosters, laundry-room schedules, ventilation guidance, barbecue rules for common areas. Not permissible: visitor bans, blanket bans on playing instruments (2–3 hours a day are reasonable, Federal Court V ZR 143/17), no-showering-after-10 rules. Violations justify a warning letter; only persistent, substantial disturbance supports termination.