Supply lock

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In German tenancy law, a supply block is understood to mean that the landlord stops supplying the rented space used by the tenant with heating, electricity and water.

After the lease has ended, the landlord is no longer obliged to continue the contractually agreed supply services (supply of heating energy, electricity, water) if the tenant continues to use the rented space despite the termination of the lease.

A landlord may discontinue supply services such as heating, electricity, water after termination of the lease if he was only obliged to provide the supply services based on the lease and the lease has ended.

A suspension of the supply services is not to be seen as prohibited self-power of the landlord.

The property protection is not applicable to the setting of utility services.

The protection of property does not create any entitlement to a specific use of the rental property. The tenant is only entitled to defense against external interference. If only supply services are discontinued, there is no external intervention. No right to a supply of utility services can therefore be derived from the property rights.

A claim to the continuation of supply services can therefore only arise in individual cases out of good faith , in particular from post-contractual obligations, after termination of the rental contract .

A claim of good faith is no longer possible if the landlord for utility services no rent and no compensation for use receives and threatening him by continuing to supply a growing financial loss.

See also

Individual evidence

  1. ^ BGH judgment of May 6, 2009, Az. XII ZR 137/07 - juris GmbH, accessed on July 12, 2012 (PDF; 108 kB).