Liability for Snow and Ice Removal Obligations

In its ruling of August 6, 2025 (Case No. VIII ZR 250/23), the German Federal Court of Justice (BGH) clarified the liability of landlords who are also apartment owners when snow removal and salting obligations are violated. The BGH ruled that a landlord who is also an apartment owner is generally liable for damages suffered by a tenant due to a fall on an icy path in the common area – if the snow removal and salting obligations have been neglected.

Practical relevance:

Even if the owners' association or a building maintenance service is responsible, the landlord remains liable to the tenant. Landlords must ensure that winter maintenance is reliably organized.

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