Storing a rollator in the hallway: What is allowed?

In many apartment buildings, the question of whether a rollator may be stored in the hallway arises sooner or later. Especially when there is no elevator or the apartment is small, the hallway is often the only practical storage space.

At the same time, there is always uncertainty: What does fire safety say, what can the landlord demand, and what rights do people who depend on their rollator have? We will explore these questions in the following article. Please note that this does not constitute legal advice.

Are you interested in rollators? We at Rollator Experten are your contact! As a specialized dealer, we offer a large selection of high-quality rollators and smart accessories.

The answer in brief

In summary: Storing a rollator in the hallway is permitted if it is necessary and no one is endangered. Strict prohibitions in rental agreements or house rules are often legally challengeable and must be reviewed on a case-by-case basis. For people with mobility impairments, there is often special protection, and their mobility must not be restricted by excessive house rules.

As a resident, you should still ensure that safety requirements are met: Store your walking aid in such a way that there is enough space, fold it up if possible, and ensure that it does not become a tripping hazard. Escape routes must always be kept clear. A friendly conversation with neighbors can also help to avoid misunderstandings, as a rollator often causes less disturbance if everyone is informed.

Landlords and property managers are well advised to react flexibly in the interest of peaceful coexistence. Ideally, a compromise will be found: perhaps a designated parking space for rollators on the ground floor, a small shelf, or a rollator garage outside the door that meets both fire safety requirements and the needs of the tenants. This way, the hallway remains safe and clear, without anyone having to do without their mobility aid.

Our tip: If space is limited in the hallway or apartment, many users resort to an external rollator garage (see image below).

Ground-level rollator garage on a house wall

Legal requirements: Escape route must remain clear

In Germany, there is no nationwide uniform regulation for objects in stairwells; each federal state regulates fire protection through its own state building code. However, these regulations are very similar in essence.

Everywhere applies: Hallways and stairs are considered escape and rescue routes and must be passable quickly and without obstacles in case of danger. For example, § 14 of the Schleswig-Holstein State Building Code stipulates that buildings must be designed and maintained in such a way that people can be rescued in the event of a fire, and the needs of people with disabilities must also be taken into account.

Consequence: Stairwells must generally be kept clear. In practice, this means that escape routes must permanently remain sufficiently wide and free of obstacles, as stipulated by the applicable state building code.

Note: In practice, a passage width of approximately 1.0 meter is often used as a guide. However, this information is not uniformly regulated nationwide. The specific provisions of the respective state building code are always decisive in individual cases.

Not only authorities, but also insurance companies and courts insist on clear escape routes. Flammable or large objects in the hallway can become a deadly trap in the event of a fire (especially with heavy smoke development) if they block the way or catch fire. Therefore, for safety reasons, landlords may prohibit the storage of furniture, boxes, or other "junk" in the hallway. Shoe racks, dressers, or large plants, for example, are considered inadmissible because they can burn and often narrow the passage.

Smaller items such as doormats, however, are usually tolerated as long as they do not create a tripping hazard. Many courts also do not tolerate bicycles: Bicycles belong in the cellar or in the apartment, as cyclists are expected to carry their bikes there.

Under what conditions is a rollator allowed in the hallway?

Despite strict fire safety regulations, there are important exceptions for necessary walking aids. Rollators and wheelchairs may be stored in the stairwell if certain conditions are met. Case law and rental experts primarily cite the following conditions:

• Necessity: The tenant is dependent on the rollator and cannot realistically carry it into the apartment (e.g., in an apartment on a higher floor without an elevator). A rollator is not a leisure item, but an indispensable mobility aid, unlike a bicycle, which a healthy tenant can more reasonably be expected to store in the cellar or apartment.
  
  
• No alternatives: There is no other suitable storage room or elevator in the building, and it is unreasonable to store the rollator outside the apartment (e.g., outdoors in front of the house). Objects in front of the house would also be exposed to weather, theft, and vandalism at night. At this point, the feasibility of a rollator garage in front of the house is also relevant. If this could theoretically be implemented easily, this option would definitely be a conceivable alternative.
  
  
• Escape route remains clear: The rollator must not obstruct other residents. The stairs and hallway must remain safely usable despite the parked rollator, especially the prescribed passage width (approx. 1 meter) must be maintained. Mailboxes and apartment doors should remain accessible. In individual cases, however, there may always be deviations; for example, the Recklinghausen District Court ruled in 2014 that a rollator may even be placed under the mailboxes, as long as the mailboxes are still easily accessible.
  
  
• Space-saving storage: Landlords and neighbors may require that the walking aid be stored as compactly as possible. Foldable rollators should be folded in the hallway to take up as little space as possible. A niche or corner where no one can trip over it is ideal.
  
  
• Removable at any time: In an emergency, the rollator must be able to be quickly moved out of the way. Therefore, it is not permissible to permanently lock or chain it in the hallway. Residents or emergency services must be able to simply push the device aside in an emergency.
  
  
• No permanent parking: If the rollator is not needed for a longer period and the tenant (or relatives) are able to, it should be stored in the apartment if possible. However, this recommendation only applies if it is reasonable – in many cases, the hallway remains the only feasible storage location.

If tenants meet these requirements, the chances are good that storing the rollator will be considered a contractual use of the rental property. According to the Hanover District Court, it is part of the normal use of the rental property that a frail person can leave their apartment at all and therefore must be allowed to provide the walking aid on the ground floor. A tenant who is dependent on a rollator cannot usually be expected to carry this aid like a bicycle to the cellar or their own apartment.

Courts have therefore repeatedly ruled in favor of tenants with rollators. The Federal Court of Justice (BGH) already clarified in 2006 that, for example, a stroller must be tolerated in the hallway if it does not hinder anyone (Az. V ZR 46/06). This fundamental decision is often applied in case law to comparable items such as rollators. For example, the Hanover District Court ruled that landlords must allow elderly tenants to store their rollator in the hallway if their daily mobility would otherwise be impaired (Az. 503 C 3987/05). Even if the rental agreement or house rules actually contain a storage ban, such a clause is invalid as long as the rollator does not constitute an unreasonable disturbance (as the Hamburg Tenants' Association also points out). In other words: The legitimate interest of a mobility-impaired tenant in a rollator takes precedence over blanket prohibitions.

The small rollator garage Marie with 50x107x78 cm made of hot-dip galvanized steel

The medium rollator garage Anna with 79x109x100 cm made of hot-dip galvanized steel

What landlords and property managers can demand

Can the landlord simply prohibit anything from being in the stairwell? Blanket prohibitions in the house rules such as "Do not store anything in the hallway" are legally problematic in their generality. According to a specialist lawyer, general prohibitions such as "No rollators or strollers may be stored in the stairwell" are inadmissible. A complete storage ban, especially for necessary walking aids, would even be immoral, as the BGH has determined (BGH judgment of 10.11.2006 – V ZR 46/06). Landlords must therefore allow exceptions in individual cases if no danger or obstruction arises.

However, this does not mean that the landlord has no say at all. He bears the duty of traffic safety for the building and must ensure that stairwells and hallways are safe. If the property management discovers fire-hazardous or disturbing deposits (e.g., flammable furniture in the hallway, blocked exits), it may and must intervene. Usually, the landlord will first seek discussion or formally request the removal of the object. If a tenant permanently refuses and the blocked escape route poses a danger to others, warnings and, in extreme cases, even terminations may ensue.

For rollators and similarly important aids, serious landlords will, however, look for solutions instead of strictly prohibiting them. Haus & Grund, the association of property owners, recommends, for example, that landlords set up a special storage area on the ground floor for wheelchairs and rollators. If there are designated storage areas in the hallway, tenants must, of course, use them. Furthermore, the landlord can insist that no damage or dirt is caused by the rollator (e.g., rubber protection on wheels so that walls and floors are not scratched).

Important: A landlord may not harass disabled or elderly people by simply prohibiting them from using their necessary rollator. The duty of mutual consideration applies to both sides in a rented house. Ideally, one should talk to each other early: If you need a rollator, inform the property management and explain why you need to store it in the hallway. Often, a suitable place can be found together: for example, in the vestibule, under the stairs, in front of the house with a rollator garage, or in another little-used area of the hallway.

Conclusion: Safety and consideration – on both sides

A rollator may be stored in the hallway if it is really needed and the escape route remains clear. It is important that there is still enough space for passage and that no tripping hazard arises. Often, a brief conversation with the house community helps to avoid misunderstandings. Ideally, everyone will jointly find a practical solution – such as a fixed storage area on the ground floor or a small rollator box or rollator garage – so that safety and mobility are equally ensured.

Note: This article does not replace individual legal advice.

Are you interested in rollators? We at Rollator Experten are your contact! As a specialized dealer, we offer a large selection of high-quality rollators and smart accessories.