winter maintenance obligation of a tenant by house rules is ineffective
An apartment owner / lessor is his duty to maintain safety requirements (winter etc . transferred) to its tenants, which means that the duty to maintain safety of the original owner's responsibility is reduced to a control and monitoring requirements. The tenant, however, the assume the corresponding obligations, then turn tort fully responsible. Condition for such transfer of safety duties is, however, that it is clearly and unambiguously. If the transfer is not in a clear, unequivocal and unambiguous transfer to the tenant, the transfer ineffective.
line for the acquisition of the winter service, which imposes significant additional obligations to the tenant and founded a not insignificant risk of liability, means a clear and unequivocal rule that an obligation in the house rules is not sufficient, but the transfer of specific and individual in (Main) lease to be agreed. As far as represented in case law, that a form even control enough of the cleaning duty in the House rules when the rules of the house becomes part of the rental agreement, followed by the District Court of Cologne that case, since the house rules is the place to clause in the lease obligations of such liability distance of create (AG Köln, Judgement of 01.27.2011, Az: 210 C 107/10).
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