What majority is needed for a restructuring resolution in the house?

This time we received a question about the odor nuisance caused by pets.

QUESTION: An apartment owner on the ground floor reports that the tenant’s cat in the apartment above is constantly marking his balcony. A few splashes land on the apartment owner’s balcony railing. The odor nuisance affects the use of your own balcony. What can be done?

Julia Fritz: Odor effects that exceed the local level and the normal use of the neighboring property significantly impair it, do not have to be accepted according to Section 364 Paragraph 2 ABGB.

More objectifiable Cat urine smell This threshold is usually reached on one’s own balcony – especially since the splashes on one’s own balcony railing already represent a direct physical interference with the property, which goes beyond mere emissions goes out.

A gradual approach is recommended. The first step is to talk to the person Renter looking – friendly but firm. A simple indication that the… impairment is perceived; In many cases the problem can be solved with one Privacy protectionone collection pan or odor neutralizing agents.

If this remains ineffective, a written request will follow Setting a deadline. At the same time, the landlord (the owner of the apartment) should be involved. This is in almost all rental agreements Animal husbandry only permitted on the condition that other residents are not significantly affected – the landlord is therefore obliged to influence the tenant and can if persistent Breach of contract even terminate the tenancy agreement.

It is also useful to provide information to the property manager, as well as ongoing information Preservation of evidence: Photos, videos, witness statements, recording of dates and frequencies, if necessary Expert opinion. If all of this doesn’t help, this remains Injunction in accordance with Section 364 Paragraph 2 ABGB against the tenant.