BGH facilitates investors notice of tenants – THE WORLD

Dit’s a fight to the last square meter of affordable housing in the big cities will always be played more often in a court of law. Landlords seek higher Rents to enforce, and sometimes to questionable methods.

tenants are fighting back, as well as it goes, and insist on low prices, even in Prime locations. The Federal court of justice (BGH) in Karlsruhe has made the part of the Tenant, life is now a little heavier.

In a Wednesday verdict, the judge of a Gesellschaft bürgerlichen rechts (GbR), to terminate an apartment in the best location in Munich for own needs allowed.

Four of the investors had done in 1991, in order to rehabilitate the building and the rental apartments into condominiums.

tenant received in courts of law

only a 166-square-meter apartment was not renovated on the third floor. The tenants living there for over 30 years. In 2013, you received a notice of termination. The Letter, according to the daughter of one of the partners with a man and a child should move into the apartment. The lessee is not a saw and ran it on an eviction notice to arrive.

In the lower courts got right. Especially the view of the Munich district court was interesting: The judges were of the view that in the Bavarian capital because of the high prices, a special extrusion risk of tenant.

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Therefore, they said to the captive paragraphs in the German Civil code (BGB), a certain protective function for the tenant. The idea of a more anonymous society, civil Law is different in nature to, for example, the “natural” owners who want to use it for direct related the property.

It’s a fair balance of interests

The judges in Karlsruhe will now see different. Also a landlord in the Form of a “part a (Foreign) company of the civil Law” should, in principle, terminate, due to their own requirements.

This view, the Supreme court had held in previous Judgments. It’s going to be a fair balance of interests between tenant and landlord party. (BGH VIII ZR 232/15)

Now, however, the judge added the following: “The court of appeal by employees of protection considerations are an appropriate application of the § 573 Abs. 2 no. 2 German civil code." This means that compared To an investor community of tenants enjoy in the case of a termination due to own needs no extra protection, even in areas with extreme housing shortage.

renovation distributes, more and more tenants

The sounds on the first glance, after a rather technical-legal matter. However, from the point of view of the German tenants ‘ Association (DMB) is there more to it. “GbRs are primarily established to objects from rental into condominiums,” said DMB spokesman Ulrich Ropertz.

Since the real estate boom in Germany, the come more and more frequently. Only because of the rising prices, the buyers come together and establish a GbR, to be able to meet the associated costs.

remediation and termination are an appropriate means to Altmieter replacing the numbers. If you can’t get further with this, could it be, that following the path of a captive suit, so Ropertz. “Sometimes the self comes to termination solely with the intention of, the apartment is more expensive market.”

Double slap in the face of the court

After the Supreme court ruling it such investors communities are now somewhat easier to terminate in cases such as in Munich, because of own needs. According to dramatically Lukas evaluates Siebenkotten, Director of the DMB, the decision: “the judgment of The Federal court of justice, is a double slap in the face for a tenant in Germany. The protection against dismissal in the case of captive terminations of the landlord is softened."

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source: The world

For Munich conditions, the apartment was actually a bargain. It is located in a house directly on the river Isar, in the trendy old quarter of Munich.

For a 166 square meters and the tenants pay around 1375 monthly rent – a-square price of 8,28 Euro. The average in Munich, is the market research company F+B, in the current year, for 15,80 Euro.

“If it is on the housing market closely, is the interest in the notice must be big,” said DMB spokesman Ropertz. However, he also stressed that landlords would have quite a “legitimate Motivation,” if you resigned in a classic case, because of own needs – for example, if a landlord himself lives to rent and he can’t cope with this.

Or if it is “their own relatives, especially children, to accommodate”.

more and more dismissals in court

About 4.2 per cent of all tenancy disputes are turning in Germany, in the meantime, in order to cancellations due to own needs. This sounds not much, but absolutely it is, after all, by 11,500 each year.

Basically, every landlord has the right to terminate because of their own requirements. However, relatively strict rules apply, both for the natural Person, legal Person, so the classic Private landlords, including the GbR. So apply relatively long periods of notice: After more than eight years in the apartment, for example, nine months.

Also, the justification must be valid. Thus, it is not evident what should start an old woman with an apartment on the top floor without a lift.

must not be terminated tenants with Clear guidelines for social hardship cases

in addition, if in the house, comparable apartments are empty, the landlord wants to move in temporarily, or from the beginning, it was clear that the apartment would soon be needed.

the end of the lease would, If the tenant, his family or members of unreasonably hard, it is possible that the notice to oppose. Possible reasons for example old age, pregnancy, severe disability or serious mental illness.

Clear guidelines for such social hardship cases it is not, but says Christoph Herrmann from the magazine “financial test”.

Tight limit for landlords

Were converted to apartments in a tenement house in property, there are additional termination restrictions. The landlord must sign up to the municipality, with only three to ten years after acquisition of the apartment’s own requirements. Gerold Happ from the owners ‘ Association Haus und Grund Deutschland advises: “In the community you can ask how long is the notice restriction applies.”

Is an own termination, in retrospect, as feigned, the tenants damages. You can then make certain more costs, for example, moving costs or even additional costs for the new apartment.