No damages for stand-up toilet use in Germany

The tenant should not be required to pay 2,000 euros ($2,156) to replace the marble floor he allegedly damaged by not sitting down to urinate, the state court in Düsseldorf said on Thursday.

"It is not unusual for men to urinate while standing up," the judges in the widely publicized case concluded.

The apartment's owner used the money from the tenant's deposit to pay for the new floor, after noticing that the marble tiles around the two toilets changed had color and lost their shine. The damage was caused by people who used the toilets while standing up, according to an expert.

The tenant, a professional finance manager, sued the landlady to recoup his deposit.

A lower court ruled in his favor in January, with judge Stefen Hanck saying that men who stand up to urinate "must expect occasional rows with housemates, especially if they are female."

However, they cannot be held responsible for damaging marble floors, Hanck said.

The appeals court also sided with the tenant on Thursday, ruling that it was widely known that men might use the toilets standing up.

In contrast, it was not to be expected that "unavoidable spray" would cause permanent damage the marble, ruled the council, which was led by judge Sylvia Geisel.

The apartment's owner could only claim damages if she expressly demanded, in the lease, that the owner keeps the tiles clean and shiny, according to the verdict.

dj/sms (dpa, AFP)