In fact, everything that is important is regulated in the rental agreements. And yet there are still conflicts between tenants and landlords. As sophisticated as the clauses are, the devil is often in the details. Some interesting judgments from local and regional courts and the highest court.
Personal needs and old age
When terminating the contract for personal use, it is always necessary to weigh: which right is more important, that of the owner or that of the tenant? Here too, a judgment shows it: certain points must be considered in a differentiated way. The old age of a tenant, for example, is not fundamentally a protection against termination for personal use. In any case, the circumstances of the individual case must be taken into account, ruled the Federal Court of Justice (Az .: VIII ZR 68/19), as reported by NJW-Spezial magazine. In this case, the owner gave formal notice to a tenant born in 1932 and who had lived in the apartment since 1997. The owner wanted to use her apartment for stays in Berlin, where her son lives, so that he no longer has to. stay with him. The Berlin-Mitte District Court and the Berlin Regional Court considered the tenant’s old age and her roots in the region as a reason not to give notice. BGH saw it differently. Old age alone is not enough to determine a particular ordeal, as age affects everyone differently. Therefore, other circumstances should be taken into account, such as state of health, which justify the difficulty objection. The law does not provide that tenants over a certain age have the privilege of being protected against dismissal.
Anyone who finds something is usually entitled to a reward. However, this does not apply to all treasures: if the previous tenant has hidden something, the tenant does not automatically receive a search commission, reports the magazine Das Grundigentum of the homeowners association Haus und Grund Berlin. Because deliberately hidden property has not been lost, the Munich District Court found (Az .: 111 C 21915/19). In the negotiated case, the tenant had done work on the electric cables of her apartment. While checking a faulty outlet, the electrician and the tenant discovered a cavity in which 80,000 euros in cash was hidden. Both gave up the money. The lost and found office considered that the sum belonged to the estate of the former deceased tenant. The tenant said not all of the heirs were found. Therefore, the amount will pass into their possession after a period of six months. The court saw it differently: the tenant could not prove that the banknotes were lost objects within the meaning of the law. Only things are lost which are not possessed by the right of possession. As the previous deceased tenant had hidden the banknotes, the money went into the hereditary estate.
Balconies are a big plus of any rental apartment. However, good sun protection is usually also important. Should we ask the owner when choosing? In principle, yes, structural measures on a rented apartment require the agreement of the owner, underlines the association of owners Haus & Grund Germany. Tenants cannot simply attach awnings to the building, as this will damage the facade and alter its visual appearance. However, if the solar radiation is very strong, the owner cannot simply prohibit the installation, the Munich District Court ruled (Az .: 411 C 4836/13). The principle of good faith dictated that the landlord should not deny the tenant the facilities without a valid factual reason which could make life in the rented apartment more pleasant and whereby the landlord was only slightly damaged and the rented property was not damaged. ‘was not deteriorated, look for. You don’t need the owner’s permission to put umbrellas on the balcony, unless there are holes to be drilled in the wall.
Frequent feeding of pigeons
If someone feeds pigeons pieces of bread and other food, it can also affect the neighbors. If the property is soiled, intensive feeding may be prohibited, according to a decision of the Frankenthal Regional Court (Az .: 2 S 199/20). Those who do not join should expect a hefty fine or even custody, the legal portal of the German Lawyers Association (DAV) explained. The case: A couple took legal action against a neighbor who fed birds. The woman kept throwing large amounts of bread and other food on the roof of a garage. It attracted pigeons and other birds. Animals also transported bread to neighboring properties and polluted the property. His turtles living in the garden are also in danger, as they would get sick if they ate the bread that was prepared. After the district court dismissed the lawsuit, the couple won the case in the regional court. The woman had always denied before the court of appeal having fed large quantities of bread. However, this was clearly confirmed by witnesses. The threat of far-reaching consequences is necessary for the woman to renounce her misunderstood love of animals in the future, according to the regional court.
Renovation work by the owner
Renters can prevent major construction work outside their home if their property is affected. However, according to the Hamburg-St. Georg Borders (Ref .: 912 C 21/21). Tenants can only prevent construction work if the disruption it causes is truly unreasonable, reports Das Grundigentum magazine. In this case, the owner wanted to carry out major works in two apartments on the ground floor and on the first floor. The two apartments were to be merged by a ceiling breakthrough, among other things. The tenant on the second floor feared damage to the antiques in his apartment, considerable noise pollution and cracks in the walls. Therefore, he applied for a cease and desist injunction. And failed. According to the court, he had not sufficiently demonstrated that the disruptions to be expected were really unreasonable.