Supreme Court Judgments
Sources:Press release No. 89/2009 of the Federal Court vom 29.04.2009
Press Release 114/2009 of the press office of the Federal Court
Press release No. 89/2009 of the Federal Court vom 29.04.2009
Press release of the Federal Court of 11.03.2009, No. 56/2009
Summary dismissal for living space deviation
Differs from the living space by more than 10%, then the tenant may reduce not only the rent, but, as the current Supreme Court decided to cancel also without notice. As the Karlsruhe judges had to make it clear that is the living space variance by more than 10% results in that the tenants were not the contractual use of the rented time granted and therefore the conditions for an immediate dismissal for cause pursuant to § 543 paragraph 2 sentence 1 No. . there is 1 BGB.
Grounds for immediate dismissal requires particular explanation why the tenant's
Continuation of the lease is no longer acceptable, are not necessary or required.
For the effectiveness of termination, it is sufficient simply if one in § 543 paragraph 2 sentence 1 No.
1 to 3 BGB cases listed is given.
Can be otherwise only if the right of extraordinary termination without notice
forfeited due to special circumstances of the case. This comes about then considered,
if the tenant accepts despite his knowledge of the different living space for a long time so,
without expressing promptly dismissed without notice.
BGH, ruling of 29 April 2009, Az: VIII ZR 142/08
Reimbursement for improperly conducted renovation work
(dmb) "The decision of the Federal Court is properly and consistently, the position of tenants
is strengthened. Anyone who has restored in his statement wrong, it can now by owner
Money demand compensation. This answers the Federal Court an important, still open
Related questions about cosmetic repairs, "commented the director of the German
Tenants' Association (DMB), Luke Siebenkotten, today's ruling by the Bundesgerichtshof (BGH VIII
ZR 302/07).
The Federal Court declared that the owner is unjustly enriched if the tenant
faith in an effective treaty regime restored at his departure, although the
Contractual system ineffective and he was not really committed to this work. The
Degree of unjust enrichment is measured according to the Federal High Court after the
Amount of the usual and reasonable compensation for the renovation works carried out. Has
the tenant the works itself out and renovated in-house service to include the
Claim, the replacement of leisure time, material costs and the cost of the helpers from the
Acquaintances.
Siebenkotten: "In recent years, hundreds of thousands of tenants because of ineffective
Renovation clauses wrongly spent itself or renovated high renovation costs.
This must now be examined to what extent these tenants reimbursement claims against their landlords
can still make claims. I recommend all tenants, legal advice in their local
Residents' Association to obtain. ", Berlin, 27.05.2009
Owners should leave commercial tenants Heating
(dmb) "I think the decision of the Supreme Court, is problematic. It is not acceptable that a
Landlord to enforce its rights to self-actual or perceived prejudice
and rule out a commercial tenant of the supply of heating, electricity or water, "
commented the Director of the German Tenants' Association (DMB), Luke Siebenkotten, today
Decision of the Bundesgerichtshof (BGH XII ZR 137/07). "But I am assuming that the
Reasons verdict can not be transferred to housing tenancy. Housing tenants must also
do not fear the future, that after a dispute over charges or in the course of a
Evacuation process, the landlord can turn off the heater. "
The XII. Senate of the Federal Court is responsible for Gewerberaummietrecht has
held that the landlord is entitled to discontinue utility services if the tenant
after a termination during the evacuation process, the rental payment in full sets.
This was preceded by a dispute between tenant and landlord over ownership.
The Supreme Court emphasized that a requirement for further supply of heat energy is no longer applicable,
if the landlord receives no compensation therefor and supplying him with further damage
droht.Berlin, 22.04.2009
Terraces - and balcony areas are between 25-50 percent with
"The Supreme Court has the decades-old dispute, as the surfaces of terraces and balconies in
Recognize calculating the living area are largely left open. For countless
Disputes between tenants and landlords to rent increases, operating cost accounts
Apartment rent reductions or deficiencies and there is still no certainty how the
answer is crucial preliminary question of the correct size of homes, "commented the
Director of the German Tenants' Association (DMB) Luke Siebenkotten today's decision of
Bundesgerichtshof (VIII ZR 86/08).
Following the ruling of the Federal Court considered when calculating the size of homes
usually the rules of social housing, ie the Second
Regulation, regulation, or calculating the living space. Deviations from this are possible,
If tenants and landlords have expressly agreed otherwise or any other site
Calculation is common.
Without explicit contractual arrangements shall apply to contracts entered into from 2004
Area regulation with the requirement that the terraces and balcony areas as a rule only
are reported at 25 percent. A terrace area of 45 m2 was then in
Calculating the size of homes with only 11.25 m2 scheduled. In older leases, by contrast
The calculation II Regulation, which requires the terrace and balcony area of up to 50 percent
should be applied.
"The important thing is the particular case of tenants, whose apartment is much smaller than in
Lease taxes. Gives the correct offset a surface variation of more than 10
Percent, can reduce the rent accordingly and Tenant overpaid from the past
recover, "said Siebenkotten with regard to previous rulings, the Bundesgerichtshof
(BGH VIII ZR 295/03, VIII ZR 133/03, VIII ZR 44/03 and VIII ZR 192/03).
In calculating the living area are in addition to terraces and balcony areas especially the
Rooms inside the apartment. Their surfaces are fully credited if the premises or
Volumes of at least 2 m high. Only half of the land or premises
Volumes of 1 to 2 m in height into account. Volumes of less than 1 m are not even notice.
Berlin, 13.03.2009
No Mietzuschlag with ineffective repair beauty regime
(dmb) The landlord is not entitled to file a supplement to the customary comparative rent
to do when the lease term for the transfer of an ineffective
Includes minor repairs, said the Federal Court in a published today
Decision (BGH VIII ZR 118/07).
"With this ruling, the Federal Court is his clear and unambiguous line with the
Beauty repair Court continued and reaffirmed its decision from the previous year (BGH
VIII ZR 181/07). Now there is finally legal certainty and legal clarity on this issue, "
commented the Director of the German Tenants' Association (DMB), Luke Siebenkotten that BGHUrteil.
"Anyone who claims to clauses in the tenancy agreement, carries the risk that the scheme be ineffective
can. This also applies to cosmetic repairs. A landlord that an ineffective
Beauty repair clause agreed, must bear the consequences. He can not with a
Award will be rewarded for rent, 'or compensated. "
In the underlying case, the decision of the tenants had no cosmetic repairs
pay or perform, because the landlord put the contract system was ineffective.
As compensation, the landlord demanded a replacement or supplement to the previously paid rent. To
Wrongly, as the Federal Court made clear. Thereafter, the landlord may not always agree
to demand a rent increase to the customary comparative rent. The purpose of the
statutory scheme is to allow the landlord to appropriate, on the local market
oriented to achieve rent. Thereafter, the market conditions are the yardstick for
Justification for a rent increase. On the other hand focuses on the owner claimed
Supplement to the cost of making the cosmetic repairs. In this way, but a
Cost element regardless of its enforceability in the market to justify a
Mieterhöhung used. This is unacceptable and does not fit into the legal system
Indicative rent.
Berlin, 11.03.2009
Rents, the rent levels will not be attached
(dmb) "The decision of the Federal Court is problematic. It creates legal uncertainty
and hampers or prevents transparency, "commented the director of the German
Tenants' Association (DMB), Luke Siebenkotten, today's decision by the Bundesgerichtshof (BGH
VIII ZR 74/08). The Federal Court had ruled that the landlord of his local rent prices
Did not have to attach Mieterhöhungsverlangen because of the customer center of the landlord
could be viewed.
The landlord had his rent increases to the customary comparative rent with the information
Wiesbaden Mietspiegel founded. Instead of the rent increase letter rent prices
settle, the owner pointed out, the rent index was at the tenants' Wiesbaden
available and can be viewed in its own Customer Center. According to the
Federal suffice it. If the rent prices generally available, such as here in
Customer Center of the landlord, he has to write the rent increases are not included.
"That of scrutiny of the tenant, whether he agrees to the rent increases to the extent required or not,
is significantly restricted, "criticized Siebenkotten. "The tenant must now even the
Obtaining the necessary information to assess and decide whether the
Mieterhöhungsverlangen the owner and his reasons are legitimate. Simple and
rent increases the transparency of the procedure by the decision of the Bundesgerichtshof
certainly not. "
Already in December 2007, the Bundesgerichtshof (Federal Supreme Court had ruled VIII ZR 11/07), that the
Average rent should not be attached to the Mieterhöhungsverlangen must, if the rent index --
as published in Berlin's case to be assessed - in Berlin's Official Journal and thus generally
accessible ist.Berlin, 04.03.2009
Landlord shall comply with any three-month notice requirement for construction
(by dmb) If the owner physical measures, due to regulatory arrangement, the
Tenant tolerate this. He can not - as in modernization projects - require that the
Work at least three months prior written notice to (BGH VIII ZR 110/08).
"The decision is understandable and reflects the wording of the Act, Section 554
Civil Code, "commented the director of the German Tenants' Association (DMB), Luke Siebenkotten that
Today's ruling by the Bundesgerichtshof. "Only if the landlord's house or the voluntary
Flat modernized, so measures to improve housing quality and energy conservation
, it requires the tenant at least three months prior written notice to the type,
intended scope and commencement of work, the expected duration and to
anticipated rent increase to be informed. Does the owner of such work, however
take in response to an administrative order, shall not apply to this deadline. "
The Federal Court ruled that in cases of administrative arrangement of the Tenant
Construction permit in good faith should. The requirements for the announcement
Such works were directed to the specific circumstances of each case, with the
Urgency and scope of works to be taken into account. In this case was the owner
been committed, Gaseinzelöfen who respected the exhaust emission standards not more, by a new
To replace the heating system. Tenants fought back against the end of the central
and also refused the installation of risers. Berlin, 11.03.2009
Exterior painting of doors and windows
(dmb) terms, which require that tenants in the course of cosmetic repairs also
Exterior painting of windows, the apartment door and the painting of the loggia page
must be ineffective and unduly penalize the tenant. Such works are not
Cosmetic repairs. Now decided the Bundesgerichtshof (BGH VIII ZR 210/08).
"The decision of the Federal Court is correct. The exterior painting of doors and
Windows of the tenant has to do nothing. Among the kinds of cosmetic repairs only
Painting and decorating in the apartment itself, "said the director of the German
Tenants' Association (DMB), Luke Siebenkotten.
"It is important, therefore, the decision mainly because the Federal Court makes clear, there is no
retribution-preserving reduction. The ineffectiveness of the exterior painting scheme draws
Ineffectiveness of the entire beauty of repair clause to itself, "said Siebenkotten.
"Inadmissible, it is then to divide the beauty of repair schemes in the lease to a
ineffective and an effective part. The text element 'exterior painting "can not
be separated from the rest of the contract provision. It establishes the principle: is Ineffective
ineffective. Cherry-picking is not permitted. "BGH VIII ZR 11
Farbwahlklausel ineffective
(dmb) require lease terms, the tenant during the tenancy in the apartment
Refurbish neutral colors that are after today's decision by the Federal
ineffective BGH (VIII ZR 166/08). Is crucial, the Karlsruhe judges that the
Requirement to renovate in a neutral color, not the date of the return of the flat
restricted, but made the tenant even during the rental period set for the color
will.
"The decision is consistent and logical and sets the current line of
Federal Court continues to cosmetic repairs and Farbwahlklauseln, "commented the
Director of the German Tenants' Association (DMB), Luke Siebenkotten the verdict. "It is altogether
no reason why the tenant during the tenancy, the apartment only in neutral or
Decorate bright colors should. It is solely the responsibility of the tenant, in which she paints and wallpaper
want to live. "
Even earlier, the Federal Court had ruled that contractual clauses that
Perform minor repairs in neutral, opaque, bright colors and wallpaper, are
ineffective (BGH are VIII ZR 224/07). Even regulations that deviations from the
previous embodiment only with the consent of the lessor should be effective, are
ineffective BGH (VIII ZR 199/06). Unlike the Federal Court had a "xylem" clause
assessed. Here he had considered it acceptable that has been claimed that color coated
Restore deleted wood parts are white or light colors (BGH VIII ZR 283/07).
The decisive factor here was that the "wood sub-clause" not on the current lease
moved, but only to the date of the return of the apartment.
Berlin, 28.01.2009
Termination takes effect when refurbishment works
(dmb) "The decision of the Federal Court is problematic and dangerous. It restricts
the dismissal and tenants book. Yield expectations for the first time and hopes
a financial investor rated higher than the stock and housing interests of the tenants, "criticized
director of the German Tenants' Association (DMB), Luke Siebenkotten, published today
Verdict of the Bundesgerichtshof (BGH VIII ZR 7 / 08).
The Federal Court has upheld a dismissal for the purpose of demolition of a building. The
Owner purchased in 2005, a heavily house requiring rehabilitation. His goal is to house
demolish to build a larger building with new condominiums and then to
. divest To this end, he announced the tenants living there on the ground that a continuation
the lease was not an appropriate economic recovery and lead to him
considerable disadvantages. In realization of the demolition and construction plans, he could be a return of
Achieve 16 percent, while the achievable returns both as a Minimalsanierung
also amounted to a rehabilitations of the existing building to only 2.5 percent.
Tenants' Director Siebenkotten pointed out that the Federal Court in this case one
Case is decided. Even with a comprehensive redevelopment of the building with a
required gutting the tenancy could not be sustained. A
Minimalsanierung according to estimates by the courts would be given the remaining
Useful life of the old building had been economically burdened with high risks.
"Liberated from the case now decided it must abide by the principle that the
Owner has no right to the house to the highest possible return
achieve, "demanded Siebenkotten. This was before the Federal Constitutional Court (1 BvR 227/92) already
Years ago decided. "This must apply a fortiori when cases are assessed, in which investors
greatly in need of renovation buildings at low prices to buy. Who will argue with the
Continuation of the tenancy he suffer economic disadvantages that may not be protected. "
Berlin, 21.01.2009
Billing period of ownership
(dmb) "The verdict of the Federal Court is correct. The current law is confirmed
that we have as expected, "commented the director of the German Tenants' Association (DMB), Luke
Siebenkotten, today's decision, the Karlsruhe court (BGH VIII ZR 107/08).
The Federal Court ruled that the settlement period for twelve months
Operating accounts will only be met if the tenant within that period, the
Settlement have actually received. It is not enough, if the landlord, the
Given above within the twelve-month period at the Post. Only decisive factor is
when the tenant receives the mail.
'Billings for calendar year 2007 for example, had at least 31 December
Be received 2008 at the tenants. Later on in-depth accounts tenants have no
Make additional payments, "said Siebenkotten.
Even when it comes to the delivery of termination statements or rents go and deadlines
be observed, is always the access of such declaration by the contractor crucial. "We
therefore recommend sending important mail by registered-mail or in person at the
Throw letterbox of the contractor, "advises the director of the Tenants. "When
A receipt is a risk that the mail recipient is at home. With
Receipt of the notification note is not received the mail, but only when
the addressee's post office has picked up. "Berlin, 09.07.2008
No rent increases for repairs clause ineffective Beauty
(dmb) "The verdict is consistent and logical," commented the President of the German
Tenants' Association (DMB), Dr. Franz-Georg Rips, today's decision by the Bundesgerichtshof (VIII
ZR 181/07), whereby the landlord is not entitled to a supplement to the local rent to
required if the lease an ineffective Beauty repair clause has been agreed.
Rips, "Who sets the lease arrangements, bears the risk that the scheme is effectively
is. This is not for cosmetic repairs otherwise. A landlord that an ineffective
Agreed Beauty repair clause can not be rewarded with a contract for rent "or
Be compensated ".
According to the German Tenants are in at least 75 percent of all rental agreements
Beauty ineffective repair clauses. Here are schemes with fixed
Renovation deadlines set Endrenovierungsverpflichtungen, binding targets for
Color or embodiment of renovations or to unlawful quota agreements.
"In all these cases, the law. Thereafter, the tenant does not need to be renovated, but the
Landlord, "said Rips.
The current practice of many landlords and housing associations, tenants then be invited
approve an amendment to the lease and rent increases they otherwise an
threatening, the Federal Court now has a
Put out. "Tenants have any new contractual system for cosmetic repairs
agree.
Additions to the customary rent are illegal, "said the tenants' association president. "If the
Cosmetic repairs in the lease agreement to be invalid, the tenant must not
and renovate it must be paid nothing. "
Berlin, 13.02.2006
Tenant may recover erroneous payments on late bills
(dmb) tenants, they are unaware of the twelve-month limitation period on a delayed
Service charge to pay their money to the principles of unjust
Enrichment recover the Federal Court today ruled (VIII ZR 94/05).
As a "right and important" welcomed Dr. Franz-Georg Rips, director of the German Tenants
(DMB), the new Supreme Court decision. "The tenants are protected, which erroneously or prematurely
charged by a delayed settlement of the lessor and the situation under
Do not know tenancy law reform in 2001. "
According to the law - Section 556 para 3 sentence 2 a.m. to 3 p.m. Civil Code (BGB) - is that
the tenant, the utility bill no later than 12 months after the end of
Accounting period must have received. Are the end of this so-called cut-off period
Additional claims from the owner's operating statements excluded.
According to the German Tenants' described here is the situation with
Tenancy reform in 2001 has become law. You first apply for their bills, the calendar year
2001 relating to, or for all accounting periods, after 31 August 2001 to end.
Who in ignorance of the changed legal - erroneously - to the delay in settlement of
Landlord pays more or has already paid, can now claim back his money, so the German
Tenants. The owner is unjustly enriched. Unlike stale claims, when
where the landlord would have to pay may be allowed to keep, he needs to payments
In any case, reimburse the tenant as "unjustified" enrichment. It can be compared
the recovery of the tenant is not entitled to "legitimate" claim, and the
Payment of the tenant is not an "acknowledgment of debt".
"A timely settlement and a high payroll security for the tenants were the targets
the tenancy reform 2,001th Today's Supreme Court decision emphasizes these principles and makes it clear
that overwhelmed or duped tenant-paid to their landlord's operating costs
can recover. He has no right to keep the payment, "said the German Tenants' Association.
"The tenant needs to start at the earliest from the date of lapse, in which the tenant
We learned that they have paid in error. The limitation period is 3 years. "
Schönheitsreparaturen
(dmb) "Today's decision by the Federal Court finally creates the legal certainty and
Clarity, we all have been waiting for long, "said Dr. Franz-Georg Rips, director of the
German Tenants' Association (DMB), in an initial statement in Berlin.
The Bundesgerichtshof (VIII ZR 178/05) had ruled:
that it was also agreed to a rigid - hence invalid - printed form
Plan period is when the time limits are designated in the lease without further addition.
Example: The tenant has to carry out minor repairs in the kitchen, bathroom and toilet, all 3 years,
in the other rooms, all 5 years.
"Consequence", the Director of the German Tenants, "the tenant does not need to be renovated."
If - as here - the contractual arrangements for the passing of cosmetic repairs
invalid, the landlord may not be additionally agreed to in the lease
"Quotas is compensation commenced refurbishment intervals" called. The cost system, the
so-called "quota" clause loses its basis. The same applies to possible
Landlord claims for damages. It is not an effective agreement on the
Before transferring to renovation requirements.
"With this decision the Federal Court closes a gap in the existing
Jurisprudence. The 'cherry picking' of many renter for the slogan, which is
Beauty repair clause invalid, yet the rate clause, and it can substitute for money
be required is an effective bar was pushed forward, "said Dr. Franz-Georg
Rips. "In my estimation, are of this law, hundreds of thousands of contracts
affected. Tenants do not have to renovate and not pay ".
When in doubt, should tenants now seek advice at your local tenants' association before
thousands of dollars for renovations zahlen.Berlin in her apartment, 14.01.2009
Endrenovierungsklausel can be arranged individually
Apartment handover protocol
(dmb) If an individual after completion of the lease one Endrenovierungsregelung
negotiated and agreed upon, can be effective. The Bundesgerichtshof (BGH VIII ZR 71/08)
ruled that the agreement does in an apartment over protocol, "Lord of the U.
M., the previous tenant in the renovated home state. He commits himself to the landlord,
also sent to the apartment in renovated condition, is effective. It should not matter for
View of the Karlsruhe judges play that further regulations on cosmetic repairs in
Lease set and were ineffective. "The ruling relates to an individual or
Exceptional case. Basically, of course, remains that so-called Endrenovierungsklauseln,
under which the tenant upon moving out and renovate more independent of the length of residence must
ineffective, "said Luke Siebenkotten, director of the German Tenants' Association (DMB). Only
if Endrenovierung after completion of the tenancy agreement and also agreed individually
, it is necessary to renovate the affected tenants because of such collusion. "
Whether an individual agreement in fact existed, must, in the opinion of the Bundesgerichtshof
Now the lower court, the district court of Hanover decide. Regardless of the outcome of this
Procedure warns the director of the German Tenants against the entry or extract
untested and ill-Moving in and sign a log. "With the help of
Flat Transfer Protocol is only the actual condition of the apartment and the house
be noted. We shall not, however, distribute rights and obligations of the parties or
be justified. Asks the landlord appropriate arrangements should always be the tenants' association
be turned on. ", Berlin, 22.01.2009
Dismissal during demolition of the building
(dmb) "The decision of the Federal Court is problematic and dangerous. It restricts
the dismissal and tenants book. Yield expectations for the first time and hopes
a financial investor rated higher than the stock and housing interests of the tenants, "criticized
director of the German Tenants' Association (DMB), Luke Siebenkotten, published today
Verdict of the Bundesgerichtshof (BGH VIII ZR 7 / 08).
The Federal Court has upheld a dismissal for the purpose of demolition of a building. The
Owner purchased in 2005, a heavily house requiring rehabilitation. His goal is to house
demolish to build a larger building with new condominiums and then to
. divest To this end, he announced the tenants living there on the ground that a continuation
the lease was not an appropriate economic recovery and lead to him
considerable disadvantages. In realization of the demolition and construction plans, he could be a return of
Achieve 16 percent, while the achievable returns both as a Minimalsanierung
also amounted to a rehabilitations of the existing building to only 2.5 percent.
Tenants' Director Siebenkotten pointed out that the Federal Court in this case one
Case is decided. Even with a comprehensive redevelopment of the building with a
required gutting the tenancy could not be sustained. A
Minimalsanierung according to estimates by the courts would be given the remaining
Useful life of the old building had been economically burdened with high risks.
Berlin, 04.02.2009
Modernization
(dmb) Out of the modernization costs actually incurred, only the cost of
Calculation of rent increases are recognized to be necessary. Unnecessary and inappropriate
or excessive charges do not have to pay the tenant (BGH VIII ZR 41/08; BGH VIII ZR
84/08).
Luke Siebenkotten, director of the German Tenants' Association (DMB), today welcomed the
published decision of the Federal Court: "Under current law is determined by the
Owner whether, when and to what extent modernized in the house or the apartment tenants
is. The cost of this modernization is the owner of 11 percent to the annual rent
. pass on Since it is only right and proper that will ensure that tenants with no unnecessary,
or otherwise inappropriate will be charged excessive costs. "
In case of dispute, the landlord had two water meters, can be fitted into the apartment, as kitchen and
Bath are supplied through two separate risers. Controversy was the amount of
Assembly costs. The Court finds that the landlord had unnecessarily in the kitchen
Disassemble, inter alia, the countertop can to installing the meter
perform. These unnecessary costs is not the tenant must bear.
Endrenovierungsklausel
• misunderstanding of a tenant, the ineffectiveness of the transfer of the tenancy
Cosmetic repairs on him and he will therefore not due before the exodus
Beauty repairs, he has failed the reason for a claim
the landlord.
• This set is usually composed of the time spent, the costs for
necessary material, and the amount of work possible to help.
• can be otherwise if the implementation of cosmetic repairs
Subject of an independent professional activity was the tenant was.
The Federal Court was, in essence, from the following facts:
The plaintiffs lived as a tenant for 7 years, the residence of the defendant. After five years had
They performed minor repairs. 2 years later, they announced the lease and went
be required erroneously assume again for Endrenovierung too. In fact, however, was not
No effective commitment to making the repairs, so you at their
former landlord would claim for damages in the amount of 1,620 € (9 € per square meter of wall and
Ceiling area) in which they contended. The BGH ruled that a claim for reimbursement of
Tenant consisted of (§ 812 para 1, § 818 para 2 BGB). The wrongly rendered
Cosmetic repairs are the landlord to compensate the basis of unjust enrichment.
The Endrenovierungsklausel was ineffective, so the value of the irregular services
In the amount of normal or, alternatively, the appropriate return for the exported
Renovation work is reimbursable.
Note the extent that tenants regularly cosmetic repairs in contribution
provide, so that the value of the decorating services are usually made up of spent
Time, the cost of the necessary material and the remuneration for the work
composed of potential helpers. The value of the service delivered by the court pursuant to §
Appreciated 287 ZPO. The exact amount will have to clarify the appellate court to which the
Case was remanded.
In the case decided by the Supreme Court, which is possibly even recognize a higher value because of
Tenants professionally active as a painter and decorator, and the implementation of cosmetic repairs
thus possibly subject to his professional self-employment in industry-led
was. A claim for damages, the Supreme Court in the absence of fault of the landlord in
Use of the invalid clauses, however rejected. A reimbursement of expenses to claim
from an agency without authority leaves, according to the Karlsruhe judges, because the
Tenants for the carrying out of cosmetic repairs only in their own rights and
Interest group is active. BGH, Urteil vom 27 May 2009 - VIII ZR 302/07
Area deviation
If the living space by more than 10%, then the tenant may reduce not only the rent,
but, as the current Supreme Court decided to cancel also without notice.
How did clarify the Karlsruhe judges namely, the living space variance by more than 10%
result is that the tenants of the contractual use of the leased property in time
has been granted and therefore the conditions for an immediate dismissal for cause
available under § 543 para 2 sentence 1 No. 1 BGB. Reasons for termination without notice will require
especially the exposition of why the continuation of the tenancy the tenant is no longer
is reasonable, are not necessary or required. Sufficient for the efficacy of termination
it simply, if one in § 543 paragraph 2 sentence 1 No. 1 to 3 BGB cases listed
is given. Can be otherwise only if the right of extraordinary termination without
Cancellation due to special circumstances of the case is forfeited. This example is then
Considered if the tenant, despite knowledge of the different living space for a long time, this
accepts, without expressing promptly dismissed without notice.
BGH, ruling of 29 April 2009, Az: VIII ZR 142/08
Mieterhöhung
The rent increases should be better in doubt always be accompanied by the corresponding rent prices
LG Krefeld, ruling of 24.09.2008, Az: 2 S 28/08
Ceiling Painting
A multicolored paint in white and terracotta Wischtechnik in the exodus from the
Mus rented apartment, the landlord did not accept. If the paint does not fully
eliminated, there is a claim for damages by the lessor. As evidence of the
complete removal of the tenant bears the burden of proof. Ruling of 06.09.2007, Az: 106 C 332/06
Transfer the deposit by the landlord
Instance courts and dispute between the highest court has not clarified by the Supreme Court
The question is whether, after termination of the tenancy, the landlord without further security
can not exploit it?
In a recent decision in favor of the LG Hall clearly against an immediate grasp of
Lessor of (ruling of 25.9.2007, Az: 2 S 121/07). Powerful argument is especially
that the security shall be used solely to secure a potential landlord claims, but not the
rapid realization of it. Specifically: The remains on bail pending further existence, the
Landlord may but does not operate unilaterally.
Thus the AG Bremen (Decision of 15.5.2007, Az: 4 C 166/07) decided that a
Confiscation law of the landlord for the deposit of disputed claims just does not exist.
This view also represented the district court of Darmstadt (decision of 13.12.2004, Az: 11 T 11/04), the LG
Wuppertal (Joined 27.11.2003, Az: 9 S 194/03), the AG Lichtenberg (Case, 1.4.2004, Az:
4 C 1002/04), the AG Tiergarten (Case, 11.3.2003, Az: 6 C 92/03). The most probably is
the view of the LG Baden-Baden (decision of 29.10.2002, Az: 3 T 40/02)), under which a
Offset potential compensation claims by the landlord with the deposit alone
for that reason to, because it is not constituted similar claims, § 387 BGB.
Of course, this view in the law is not without controversy: it looked different, for example,
Recently, the Higher Regional Court of Karlsruhe (Decision of 18.8.2008, Az: 8 W 34/08) and decided that the
Exploitation of the deposit by the landlord is not uncontested claims presupposes, but
only the transfer of the security deposit with landlord claims under a settlement.
Went even further, the AG Dresden, the sole purpose of bail as fast
Possibility of satisfaction of the landlord saw her (decision of 6.10.2005, Az: 140 C 7205/05).
The LG Potsdam (ruling of 21.6.2007, Az: 11 S 192/06) saw a recovery right at issue
Receivables at any rate as given, if the landlord tenancy agreement at any time
was due to meet maturing debts.
While the Berlin court in an earlier decision not to access (decision rejected by the
5.9.2002, Az: 65 T 64/02), is expressed by the Berlin court now considers that the landlord
cashing out the deposit balances could order of 15.1.2007, Az: 62 T 5 / 07
Liability for lost keys
1.The tenant is responsible for the contractual secondary requirement, the keys to the hired care
preserve, and make sure that they do not fall into depletion (continued Rspr. LG
Hamburg NJW-RR 1999, 663). This is particularly true if the tenant knows that a rented
Property has a locking system that is exchanging lost keys.
2.Stellt the tenant his vehicle on publicly accessible roads / places and leaves from the
The vehicle's keys back, this is GRDS. a breach of pt.1, because a
Burglary general, as experience is not unusual. This is all the more
if the tenant or a third party attributable to him the keys with an intrinsic value or in case
(here, notebook bag) discard and therefore does not create an incentive.
3.Etwas same must be true if the notebook case was not visible from outside the vehicle
(Trunk). KG, Berlin, Urteil vom 11.02.2008, Az: 8 U 151/07
summarily dismissed because of loud music
Nightly, especially overloud music justifies a summary dismissal based on pre-completion
Warning. It is GRDS. irrelevant if the tenant were made after the termination without notice
the noise, stop.
Such conduct would have had to put the tenant after the warning of the day;
Only then were the reason for termination omitted. But as the (late) does not conduct
Impact on the effectiveness of the termination.
LG Coburg, decision of 15 April 2008, Az: 32 S 1 / 08
Operating costs / charges / Zwischenablesung
Until now, controversial, who bears the costs for a Zwischenablesung (for feeding or
Bear excerpt of tenant / s) has to. The Supreme Court then ruled in favor of
Tenant / inside: The cost of Zwischenablesung are not apportionable
Operating costs, but administrative costs that the tenant and actresses generally not in
the utility bill can be imposed.
BGH, Urteil vom 14.11.2007 - VIII ZR 19/07 --
Operating costs / charges
Costs Zwischenablesung (user fee changes) are administrative costsUntil now, controversial, who bears the costs for a Zwischenablesung (at entry or extract
borne by the tenant / s) has to. The Supreme Court then ruled in favor of the tenants and actresses: the
Cost of Zwischenablesung are not apportionable operating costs, but
Administrative costs that the tenant and actresses generally not in the
Betriebskostenabrechnung imposed können.BGH, ruling, 14.11.2007 - VIII ZR 19/07
Formally, proper accounting for operating costs
with non-apportionable cost parts
In a proper utility bill must also be the total cost
provide for a Betriebskostenart be if certain parts are not apportionable costs
are preliminary and were thus brought to deduction. Tenants must be able to recognize whether
been excluded and in what amount Apportionable no cost in advance. This applies
also called mixed cost (eg, administrative costs as part of the
Caretaker costs). BGH, Urteil vom 14.02.2007 - VIII ZR 1 / 06
Costs for the operation of the elevator on the ground floor tenant and actresses
The Federal Court has ruled that the landlord the cost of operating an elevator
form on the lease by the tenant and actresses as a ground floor apartment
Can pass on costs. In the allocation is completely independent from the actual
Benefit to the tenants and actresses possible, so even if the elevator neither Keller nor
Loft can be reached. The cost of the elevator operation are
verbrauchsunabhängige costs, and uniformly charged. Inadequate
Impairment of the ground floor tenant / can not erkennen.BGH inside the Supreme Court, ruling of
20.09.2006 - VIII ZR 103/06 --
Deadlines for subsequent billing of operating costs
Owners have the utility bill within one year after the end of
Submit billing period, otherwise they can no longer assert additional claims
make. Once the deadline through no fault can not be met, eg
Enter basic tax returns until later, the owner may still not be unnecessarily
leave much time. The Supreme Court said: Within three months after removal of
Payroll obstacle to the settlement erfolgen.BGH, Urteil vom 05.07.2006 - VIII ZR 220/05 --
Send specimen for operating expenses and payroll advance deduction
commercial space in mixed use billing units for
preisfreiem housing
To date two schemes have been the tenants and actresses in terms of price social
Protect housing, also apply to privately financed housing. The Federal Court was
here a different view: Tenants and actresses from preisfreiem basically have no housing
Right to send you copies of the settlement documents to
Utility bill. Also no need for advance deduction on commercial sites
attributable costs occur when these costs would not significantly burden
Tenants of housing actresses führen.BGH, Urteil vom 08.03.2006 - VIII ZR 78/05 --
Recovery of a delay in settlement of operating costs paid arrears
If the landlord operating costs out of time, ie after the expiry of one year
Billing period, settles, then his rights to reimbursement are fundamentally
extinguished, and not time-barred. Tenant teachers may have already made back payments
zurückverlangen.BGH, Urteil vom 18.01.2006 - VIII ZR 94/05 --
Heating bills and to identify possible reading of the proportionate consumption
The Supreme Court has held that when an incorrect reading of meters
(Heizkostenverteiler) the tenant / are not allowed inside, unilaterally reduce costs.
In a consumption-reading errors, the calculation of heating costs can also
carried out by means of Gradtagszahlenmethode or using comparators.
BGH, Urteil vom 16.11.2005 - VIII ZR 373/04 --
Billing period and formal correctness of the utility bill
The Supreme Court sees no risk of running-alibi statements shortly before
Passing of the billing period will be sent. The main thing is the settlement
"can be formally" duly rectified, then still do what it takes
holds. An erroneous calculation formula certainly disrupt the formal correctness not
least. The verdict confirmed that already in the ruling of 17.11.2004 (- VIII ZR 115/04 -)
carried Rechtsprechung.BGH, ruling, 17.11.2004 - VIII ZR 115/04 --
Billing period and formal correctness of the utility bill
Only a formally incorrect utility bill shall be deemed not granted and thus meets
not the requirement of the billing period. Statements with material inaccuracies
apply within the deadline as the time limit expires and can be corrected later at your leisure.
The Federal Court set with this ruling, the line of his law vermieterfreundlichen
gone.
BGH, Urteil vom 17.11.2004 - VIII ZR 115/04 --
Gutter cleaning may fall under other operating expenses
The second sentence of the Supreme Court notes again that regularly cleaned gutters
Operating veursachen. But as other operating expenses, they must be agreed.
If it does not happen, and it has the tenant does not implicitly through years of
Accepted payment, then they can not be allocated.
BGH, Urteil vom 07.04.2004 - VIII ZR 167/03 --
At low operating costs in advance
Upon signing a lease, your landlord can not start running too low,
says the Supreme Court. What seems to be to the detriment of the owner, is in reality
Represents a loss leader, because the entire housing costs appear lower than they are.
The first utility bill makes it dramatically clear.
BGH, Urteil vom 11.02.2004 - VIII ZR 195/03 --
Amendment to the settlement scale for heating
The landlord has to pay the heating bills for vacant apartments. The
Scale of square meters of total payroll can not square
heated surface on one side werden.BGH, ruling of 21.01.2004 - VIII ZR 137/03 changed --
Operating redemption after change of ownership
When ownership changes during a billing period until the former owner is
Time of sale required to service charge and the possible
Collection of arrears berechtigt.BGH, Urteil vom 03.12.2003 - VIII ZR 168/03 --
Deposit
Return of deposit when ownership changes after the end of
Lease and successful return home
When the lease expires and the tenant moves out from the apartment before the new
Owner is registered in the land, not the new owner to
Verpflichtet.BGH to repay the deposit to the tenant, ruling of 04.04.2007 - VIII ZR 219/06 --
Entitled to a refund of the deposit at an apartment on the market before
Sold 01/09/2001
For the repayment of the deposit in place since the entry into force of the rent law reform on
01/09/2001 differing rules. For buildings that already before 01.09.2001
were sold, the tenant must prove that he is the former owner, the deposit
indeed transferred hat.BGH, Urteil vom 28.09.2005 - VIII ZR 372/04 --
Termination
Ordinary termination without warning for culpable not
minor infringement
The Federal Court has ruled that the landlord is not obligated to warn the tenant,
proper notice before a payment is due. BGH, Urteil vom 28.11.2007 - VIII ZR
145/07 --
Memorandum of the surrender of a captive in the lease termination
If the landlord at the end of the lease to an own termination
omitted, it shall be in writing. This agreement must be either in
Main tenancy agreement signed, or be included in a supplementary agreement signed with
the lease associated ist.BGH, Urteil vom 04.04.2007 - VIII ZR 223/06 --
Immediate notice to pay rent again erratic despite warning
Tenants pay teachers even after being advised to continue the rent on time, a
Summary dismissal sein.BGH justified, Urteil vom 11.01.2006 - VIII ZR 364/04 --
Restriction of a "clearance" for the release of housing
A momentous decision for affected tenants and actresses: the evacuation of a
Apartment by the bailiff after the so-called "Berlin model" for
The owner simply because the cost of demolition, significantly reduced werden.BGH, order of
17.11.2005 - I ZB 45/05 --
Compensation for use only until the return of the flat
For delayed excerpt from the apartment tenants have teachers not for the full month
Pay compensation for use, but only until the time of Rückgabe.BGH, judgment
05.10.2005 - VIII ZR 57/05 --
Dismissal of a tenant from a joint tenancy
The termination of the landlord against only one of two joint tenants of a
Home is effective if the tenants terminated their apartment after the
Termination of the implied Mitmieterin has lived for years alone. The tenant is
namely, when obligated excerpt from a co-tenant, in a joint denunciation
mitzuwirken.BGH, Urteil vom 16.03.2005 - VIII ZR 14/04 --
Dismissal without proper notice and delayed payments
Terminates, the landlord without notice due to late payment of the tenant and also the alternative
on time, can compensate for the timely arrears do the right to terminate
ineffective, but not without more the timely termination. The
retroactive payment is in examining whether the tenant's contractual
Obligations has not culpably violated berücksichtigen.BGH irrelevant to ruling of 16.02.2005 - VIII
ZR 6 / 04 --
Summary dismissal
A 77-year-old severely mentally ill tenant disturbs the peace sustainable.
Nevertheless, upon considering the mutual interests, particularly the
Risk of suicide in the tenant being evicted, the continuation of the
Tenancy zumutbar.BGH, Urteil vom 30.06.2004 - VIII ZR 379/03 --
Waiver of right of termination may also form through lease
be enforced.
In December 2003 the Supreme Court had ruled, a temporary waiver of the
Right of the tenant and actresses by an appropriate clause in the Individual
Lease agreement was legally binding. Now the Supreme Court to set. Tenants teachers can also
by a clause in the lease form to waive its right to terminate
forced werden.BGH, Urteil vom 30.06.2004 - VIII ZR 379/03 --
Waiver by the tenant and actresses to terminate
Although the three-month notice to tenants to protect teachers and this protection
can not be waived by contractual arrangements, but the Supreme Court provides
no problems if the owner is individualvertraglich by the tenant / inside, a
temporary waiver to assure its right to terminate lassen.BGH, Urteil vom 22.12.2003 - VIII ZR 81/03 --
Anbietepflicht for personal use
The obligation of the landlord's own account of the terminated tenant comparable
Apartment offer does not apply to benefiting from his brother cleared
Condominium, the liegt.BGH in another district, ruling, 09.07.2003 - VIII ZR 276/02 --
Personal use only until the end of the termination notice
A second ruling that the landlord at Anbietungspflicht own termination
limits. He is limited only obliged to notice released
Apartments offer, even if the eviction action is still pending and
Meanwhile, a similar apartment available.
BGH, Urteil vom 09.07.2003 - VIII ZR 311/02 --
Notice
Notice to tenants to stay in front of the contracts consist 01/09/2001
The tenancy reform had doubts as to whether the asymmetric termination was also applied uf contracts concluded before 01.09.2001. The courts previously judged, dassIndividualvereinbarungen under the old law applies, and form agreements under the new legislation. No, says the Supreme Court, in principle, the limits apply to all Verträge.BGH, Urteil vom 18.06.2003 - VIII ZR 240/02 --
Action for possession and use of compensation
With the eviction action may be brought at the same time the demand for a
Compensation for use shall be in addition connected to the outstanding rent.
BGH, decision of 20.11.2002 - VIII ZB 66/02 --