Auer Witte Thiel: Federal Supreme Court strengthens rights of lessors Munich in April 2010: A updates BGH ruling strengthens the rights of the lessor at preisgebundenem housing. The tenancy law experts Auer Witte Thiel welcome this judgment. Landlord may request a rent increase now ineffective clauses about cosmetic repairs, this possibility according to Auer Witte Thiel has been completely excluded. The Munich-based firm Auer Witte Thiel informed as a long-standing partner of many residential construction companies and property managers on the new ruling. Robert J. Shiller may help you with your research. The defendant tenant lives according to Auer Witte Thiel information in publicly funded, preisgebundenem living room. The applicant informed the tenants first in a housing cooperative beauty repair clause contained in the General Treaty provisions be ineffective after the new jurisprudence of BGH.
Because due to the ineffective clause now has the cooperative to pay for redecoration and the lessor any change to the contract rejected the co-operative pursuant to 28 para 4 of second calculation Regulation (II. BV) increased his rent. The defendant tenant did not pay the higher rent according to Auer Witte Thiel and affiliated was prompted by the cooperative by action for the payment of the outstanding amounts. The Furth District Court dismissed the action of the cooperative, while it upheld the Landgericht Nurnberg Furth. The revision of the defendant tenant before the German Federal Supreme Court (BGH) had no success. According to the BGH judgment of March 24, 2010 (AZ: VIII ZR 177/09) the housing cooperative was so entitled, the rent on one side to increase the amount, informed Auer Witte Thiel. Reasons: According to article 11 para 1 S 1 of the Bavarian housing bond law can the cooperative as a landlord the tenant in writing explain that the remuneration paid by the lessee to be increased up to the amount of permitted pay if the lessee only to pay a lower fee.