In the case of self-use terminations, courts may not give a blanket verdict. This was decided by the Federal Court of Justice (BGH) on Wednesday in Karlsruhe. The courts would have to look closely to see whether a case of hardship existed, and in certain cases consult an expert – namely, if the tenant argues with a deterioration of his health in the event of an excerpt and presents a medical certificate. The judges overturned two judgments in which courts from BGH point of view had not examined thoroughly enough and referred them back to the competent courts.
Already during the trial, the judges had criticized that many courts dealt with cases rather schematically, rather than viewing them with "due depth". It was important to thoroughly examine each individual case. During the hearing center had become
indicated that the judgments would be lifted.
In the first case, an 80-year-old woman in Berlin should move out of her apartment after 45 years, because a young family had bought the apartment and needed more space (Az. VIII ZR 180/18). The tenant suffers from dementia. However, the four-member family, the new owners of the apartment, need more living space themselves. Although the Berlin district court had confirmed the personal needs of the family – the elderly woman could still stay in their home because of the long period of residence and a certified dementia.
In the second case, two parties were quarreling near Halle in Saxony-Anhalt because the landlord had registered personal supplies for a semi-detached house in order to be closer to her grandmother in need of care (ref. VIII ZR 167/17). The grandmother died, however. The tenants argued that their own needs were advanced. In addition, a move for health reasons is not feasible. In this case, the courts of the eviction action of landlords held.
The BGH reversed both the ruling of the Landgericht Berlin and the decision of the Landgericht Halle. They have to be renegotiated.
Personal use is the most frequent reason for termination
The domestic needs of living space is regulated in the Civil Code with the paragraph 573: Accordingly, a landlord can terminate a tenant if he makes personal use for himself, his family or members of his household asserted. According to section 574, the tenant can defend himself if the removal from the flat would be a hardship for him and his relatives, "the
even under consideration of the legitimate interests of the landlord not
This is also true if it is not possible to obtain a suitable replacement apartment on reasonable terms.
According to information from the German Tenants' Association, own use is the most frequent reason for dismissal – the managing director Ulrich Ropertz assumes that every year 80,000 apartments will be terminated due to their own needs. In the view of the association, however, criteria such as old age and illness of tenants should always be given more weight than the interests of the landlords. The BGH had opposed that there are also 80-year-old marathon runners. Decisive is much more, which consequences would have a move for the tenants. Also, the life planning of the landlord should not be ignored.
. (TagsToTranslate) Economy (t) Bundesgerichtshof (t) Karlsruhe (t) Munich