Rental agreement (Germany)

from Wikipedia, the free encyclopedia

In Germany one is lease a mutual blame legal contract for the temporary transfer for use against payment through which one party (the lessor ) obliged the other party (the lessee ) the use of the rented thing to grant, while the return of the tenant in the payment the agreed rent (previously: rent , for the landlord: rent claim ).

Possible rental objects (or "rental objects ") are movable and immovable objects or parts that are usable (for example, the wall of a house as advertising space). Sections 535 to 580a of the German Civil Code (BGB) apply to tenancy law in German law .

Rental contract types

The structure of the German tenancy law makes it necessary to classify rental contracts according to the type of use.

  • The general regulations for tenancies ( Sections 535 to 548 BGB), as well as the legal provisions on the drafting of form contracts ( Sections 305 to 310 BGB) apply to all tenancies.
  • When renting rooms, the law differentiates according to whether the property is used for residential purposes or for other purposes.
  • In addition to the general provisions, special legal provisions ( Sections 549 to 577a BGB) then apply to leases for living space . This includes in particular the tenant protection laws. A residential rental agreement is required.
  • The legal provisions of the German Civil Code (Sections 549–577 BGB) only apply to a limited extent ( Section 578 BGB) for leases for land and rooms that are not residential . In particular, the tenant protection laws do not apply in the area of ​​commercial rental (= not for residential purposes). This is generally referred to as a commercial lease.
  • For the rental of movable property, only the general provisions on leases apply with one exception: There are few special legal regulations for ships registered in the shipping register.
  • A lease agreement is when the tenant is not only entitled to use the fruit, but also to “enjoy the fruit” ( Section 581 BGB). The provisions on tenancy law apply accordingly to lease agreements. The BGB contains further special regulations for leases ( Sections 581 to 597 BGB), whereby the law further differentiates between lease and land lease. Next to it is the corporate lease .
  • There is no tenancy, but rather a loan, if the lender allows the borrower to use the item free of charge. A contract that includes the obligation to provide an apartment for use free of charge is a loan agreement and not a rental agreement.
  • When renting rooms for residential purposes, the legislature further differentiates through special special regulations
    • Time leases (temporary leases)
    • Subleases
    • Company apartments
    • Rentals for temporary use, for example: holiday apartments, rooms in boarding houses and inns; for the latter, an accommodation contract ( §§ 701 ff BGB) can also exist.
  • The home contract (for example for a retirement home) contains not only service contract elements but also a tenancy law element.
  • According to current case law of the Federal Court of Justice , the so-called application service providing contract , i.e. a contract that includes the provision or transfer of use of software and applications via the Internet or other networks, is usually classified as a rental contract. According to the BGH, the focus of this contract is on the (online) use of third-party (standard) software, which is usually made available to not just one but a large number of customers. Thus, the (paid) transfer of use should be seen as the focus of the contract, which is why such a contract has been classified as a rental contract within the meaning of §  § 535  ff. BGB.

The very extensive and differentiated German tenancy and lease law is felt to be difficult to understand because of its scope, but it does differentiate between individual life issues.

In particular, there are many mandatory legal regulations for rental contracts for the permanent (not just temporary) rental of living space; such legal regulations cannot be effectively changed in a rental agreement. In addition, the legislature has set up precise rules for the drafting of pre-formulated rental contracts ( Sections 305 to 311a BGB), which must be strictly observed by every contract user.

Not part of the rental contract, but common practice when renting residential and commercial properties, is the preparation of an apartment handover protocol .

Subletting

A sublease is a special variant of the rental agreement. If there is already a rental contract for the apartment between the landlord V and the tenant M1, M1 is able to rent out the rented property with permission. Surrender of use to third parties (subleasing) is regulated by § 540 and § 553 BGB. The legal relationship between him (M1) and his tenant M2 is then referred to as subletting ; in this respect, M1 is the lessor of the M2. Then it means that M2 in M1 to sublet lives . M1 will be particularly interested in such a contract if he is living in a shared apartment with M2 or does not want to leave the rented space vacant during periods of temporary absence (with the obligation to pay V remaining unchanged). In many rental agreements (relating to the relationship between V and M1) the right of the M1 to enter into such sublease agreements is excluded; However, corresponding clauses are ineffective according to Section 553 (3) BGB. However, subletting by V can be prohibited under certain conditions in accordance with Section 553 (1) sentence 2 BGB.

Obligations of the parties

landlord

By means of the rental agreement, the landlord undertakes to allow the tenant to use the rental property during the rental period in a state in accordance with the contract (Section 535 (1) sentence 1 BGB). The landlord has to bear the burdens on the rented property (Section 535 (1) sentence 2 BGB). In practice, however, it is usually agreed that part of this burden (such as property taxes ) is passed on to the tenant.

If there are public law obstacles to the transfer of use, such as B. the lack of a building or use permit, then there is a case of impossibility. Even if the validity of the rental contract according to § 311a BGB remains unaffected, the landlord is released from his synallagmatic performance obligation to grant rental use and loses the right to the consideration in accordance with § 326 paragraph 1 BGB.

Tenant

The tenant undertakes to pay the landlord the agreed rent ( Section 535 (2) BGB) and to return the rented property to him at the end of the tenancy. If there is a defect in the rented property during the rental period or if a measure to protect the rented property against unforeseen danger becomes necessary, the lessee must notify the lessor immediately ( Section 536c (1) BGB). If the tenant fails to report, he is obliged to compensate the landlord for the resulting damage (Section 536c (2) BGB).

Leases over living space

In Germany, a large proportion of the population lives in rented living space, which gives housing rental special practical importance. The civil code regulates them in detail and strengthens the rights of the tenant ( social tenancy law ). According to a decision by the Federal Constitutional Court (BVerfG), the tenant's possession of the rented apartment is subject to the protection of the fundamental right of ownership under Article 14.1 sentence 1 of the Basic Law .

Changes as of January 1, 1983

With the law to increase the supply of rental apartments (MWoErhG) of December 20, 1982 ( Federal Law Gazette I, p. 1912 ), with which Section 550b has also been inserted into the German Civil Code , "market-economy aspects should be given more validity, the" The social significance of the tenancy for the tenant should be taken into account, as well as the landlord's interests in the profitability of the apartments "and the confusing legal situation regarding the rent deposit should be cleared up and a balance between the landlord's need for security on the one hand and the tenant's need for protection on the other created on the other side (justification of the law in Bundesdrucksache 9/2079 p. 1 f.).

The most important changes were:

  • Introduction of graduated rental agreements for new and old buildings to enable rents to be adjusted more quickly to market developments.
  • Introduction of temporary leases for a maximum of 5 years for apartments that are vacant due to future personal needs or planned construction work.
  • The tenant's obligation to tolerate modernization measures.
  • Adjustment of the comparative rents to the average rental agreements of the last three years. An increase of up to 30 percent in three years is permitted.
  • Simplification of the out-of-court rent increase procedure .

Changes as of September 1, 2001

  • The simple fixed-term lease no longer exists. It is replaced by the qualified fixed-term lease: it must explain why the lease is limited in time (e.g. personal use). If this is missing, the contract is automatically valid for an unlimited period.
  • There are special graduated and index rents , with these the rent is automatically increased or adjusted to an index.
  • Disabled-friendly renovation: If there is a justified need, consent can be requested from the landlord. However, the landlord can demand additional security in the event of a dismantling.
  • If the tenant dies, the life partner enters into the lease. This also applies to unmarried partnerships.
  • The buyer of a rental apartment that has been converted into a condominium has to wait three years before being allowed to give notice because of personal needs. In deviation from this, this period can be extended to ten years by state law.
  • The tenant is entitled to the interest on the rental deposit even if the landlord has invested it at a higher than the usual interest rate.
  • The tenant has an Dismissal deadline of three months ( § 573c para. 1 BGB).

Tenancy Law Amendment Act (MietRÄndG) 2013

On May 1, 2013, another tenancy law change came into force, which passed the Federal Council on February 1, 2013. The amendment to tenancy law essentially affects four sets of rules: energy-efficient building renovation, action against nomads and protection against dismissal when converting rental apartments into owner-occupied apartments. In addition, the federal states can reduce the increase in existing rents in regions with a housing shortage according to Section 558 (3) BGB from 20 to 15 percent within three years. Contracting , for which the legislator has created the new paragraph § 556c of the German Civil Code, is also being regulated by law for the first time.

The most important changes in 2013:

  • If the apartment can still be used, energetic modernization will only reduce the rent from the 4th month.
  • The energetic modernization (with regard to the rented property) justifies a rent increase and is given greater consideration in the rent index .
  • The modernization announcement is supplemented by the note that the tenant has one month from receipt of the announcement to bring hardship reasons into the field ( § 561 BGB).
  • The hardship test for the allocation of modernization costs to the rent (as before, a maximum of 11% pa) will be moved to the later rent increase procedure. This means that it is no longer a reason for default.
  • The justification for modernization measures is to refer to recognized general values.
  • The lessee does not need to consent to switch to contracting . If a new system is built, operated efficiently or the heat comes from a heating network , the changeover is cost-neutral for the tenant and announced in good time, the contracting costs may be passed on to the tenant instead of the previous heating costs.
  • If the deposit is refused or if the rent is in arrears by two months, the landlord can terminate the contract without prior notice.
  • Eviction matters will in future be given priority at the court.
  • By means of a new security order, tenants in default can be legally obliged to deposit loan security for the rental debts that continue to accrue. If he does not react, the landlord can obtain an eviction order faster than before.
  • The so-called Berlin evacuation is now legal.
  • In the course of the preliminary injunction proceedings, the landlord can quickly obtain eviction titles against other, unauthorized sub-tenants.
  • The protection gap in the conversion of apartment buildings into condominiums through the so-called Munich model (termination of the apartment building due to personal needs before they are converted into residential property) is closed.

Mitigating the consequences of the COVID-19 pandemic

For leases for land or rooms, the right of the landlord to terminate leases is restricted in Art. 5 of the Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law . This applies to both residential and commercial space leases. Due to rent debts from the period from April 1, 2020 to June 30, 2020, landlords are not allowed to terminate the rental agreement, provided the rental debts are based on the effects of the COVID-19 pandemic in Germany . In return, the tenant's obligation to pay the rent remains. This applies accordingly to leases (Art. 240 § 2 EGBGB new version).

termination

In general, the notice period for tenants is three months to the end of the month minus the waiting period (“no later than the third working day of a month”). The agreement of a longer period of notice for the tenant is not permitted. The notice period for landlords is also three months, but it is extended to six months after five years and to nine months after eight years ( Section 573c BGB). Contracts that were concluded before September 1, 2001 often contain the regulation (until then legally valid) that the notice period for the landlord is twelve months for a rental period of more than ten years. Contracts that were concluded before September 1, 2001, in which the notice periods are not formulated in the form, may still contain poorer conditions for tenants in individual cases.

Due date of the rent

The due date of the rent is regulated by § 556b Paragraph 1 BGB and states: “ The rent is to be paid at the beginning, at the latest by the third working day of the individual time periods according to which it is measured. “With an agreed monthly rent payment, this is the third working day of the month. It should be noted that here Saturdays , unlike other areas such. B. in labor law, do not count as working days , so the Federal Court of Justice in its judgment (BGH July 13, 2013 - VIII ZR 291/09). The negotiated case concerned the rent for February 2008, which was received by the defendant tenant on February 5 in the account of the complaining landlord. According to the BGH, the rent was credited on time, based on Friday February 1st as the first working day and Tuesday February 5th as the third working day. The BGH justified its ruling by stating that no banking transactions were regularly carried out on Saturdays, which in the present case "only gives the tenant two banking days, which ultimately leads to a shortening of the three working days period for effecting the rental payment".

In addition, the 8th Civil Senate of the Federal Court of Justice decided on October 5, 2016: "According to § 556b Abs. 1 BGB, which stipulates that the rent is to be paid at the beginning, at the latest by the third working day of the agreed time periods, it comes to timeliness The rental payment in bank transfers does not require that the rent has been received on the landlord's account by the third working day of the agreed period. It is sufficient that the tenant - with sufficient funds in his account - gives his payment service provider the payment order by the third working day of the agreed period . " A rental contract clause such as "The timeliness of the payment does not depend on the dispatch, but on the receipt of the money" is ineffective (VIII ZR 222/15) The BGH hereby confirmed the judgments from two previous instances in which a landlord unsuccessfully terminated the contract of the rental contract and evacuation of the apartment had sued a tenant whose rental payments for the months March to May 2014 were commissioned for transfer no later than the third working day of the month, but were only received on the landlord's account after the third working day. The reason for the judgment is that tenants must not be exposed to the risk of termination of the tenancy in the event of possible payment delays by payment service providers for which they are not responsible.

It should be mentioned that § 556b BGB replaced the 100 year old § 551 BGB, in which the due date of the rent at the "end of the rental period", ie retrospectively, was regulated.

Rental security

In the apartment rental agreement, it can be effectively agreed that the tenant pays the landlord a rent security, colloquially also a rental deposit . It serves to secure all claims of the landlord arising from the tenancy. The landlord may not demand more than three months' rent (excluding additional costs) as security and must invest it separately from his own assets ( Section 551 BGB).

Rent increases

The rent is to be paid in the agreed amount (for free living space). Since leases for living space (unlike commercial leases) may not be terminated by the landlord without good reason, the landlord has been given the opportunity to react to economic changes with rent increases and thus unilaterally (within a legally regulated framework) to accept the content of the lease change. A rent increase is only possible in the cases expressly regulated by law. The most common rent increases are made to adapt to the local comparative rent and after modernization. The rent increase planned before the reform of tenancy law (for gross rents) due to increased operating costs is no longer possible.

The rent increase to adjust to the local comparative rent acc. Section 558 BGB enables the landlord to increase the rent to the local level. However, the tenant is not (in principle) entitled to a lower rent that has been agreed. To justify this, reference can either be made to comparable apartments or to the local rent index. In cities with a qualified rent index (e.g. Berlin, Hamburg), this is mandatory when justifying the rent increase. The landlord may increase the rent according to Do not increase § 558 BGB by more than 20 percent within a period of three years, in metropolitan areas with a housing shortage it is 15 percent according to the current change in tenancy law (so-called cap limit). The rent increase itself is formally structured in such a way that the landlord has a claim against the tenant for consent to the rent increase, which he may have to assert (within a period of three months after the end of the consent period of two months). A change in the rent only occurs (retrospectively, if applicable) if the tenant has consented or has been sentenced to consent.

According to § 557b BGB, the contracting parties can agree in writing that the rent is determined by the price index for the standard of living of all private households in Germany (now: consumer price index for Germany) determined by the Federal Statistical Office ( index rent ). During the period of validity, other rent increases are excluded, except for modernization.

If the landlord carries out measures to improve the quality of the home (in a permissible manner), he can pay the costs of this so-called modernization in accordance with Transfer § 559 BGB to the tenant. 11% of the (apportionable) costs incurred on the apartment can be added to the rent annually. To determine the monthly increase, this value must therefore be divided by 12. The rent increase does not require approval, d. H. only the (formally correct) declaration of the landlord leads to a change in the rent. The increased rent is then (as a rule) owed at the beginning of the third month after receipt of the declaration. The Federal Court of Justice has ruled that in the event of a rent increase as a result of modernization, not the actual costs incurred, but only the necessary costs may be included. In that case, an expert opinion revealed that too extensive deinstallations were carried out when a water meter was installed.

A difference to a rent increase is the increase of the advance payments on the ancillary costs (in particular operating costs and heating costs) with a net cold rent . Landlords usually make use of this option after the annual settlement of the ancillary costs if the tenant's advances have not been sufficient to cover the ancillary costs. The increase in the advance payments also leads to a higher monthly payment burden, but after the (correct) settlement, the financial burden for the tenant remains unchanged.

Rent reduction

From a legal point of view, one speaks of rent reduction when a rented property has a defect or does not have a guaranteed property and therefore only a reduced rent is owed. In the event of a fault or deficiency in the rental item, the rental is automatic, i. H. by law, reduced (cf. § 536 BGB). This means that a rent reduction does not have to be applied for or approved. The tenant does not "reduce" the rent, but rather reduces the rent because the rent has been reduced by law. The legal rent reduction is often disputed between tenants and landlords in terms of reason and amount ("whether" and "how").

Requirements for a rent reduction are

  • The defect must not be insignificant.
  • The defect was not culpably caused by the tenant.
  • The tenant had no knowledge of the defect when the contract was signed and it was not unknown to him during the inspection due to gross negligence.

The rent reduction is excluded if

  • the tenant was aware of the defect when the contract was concluded;
  • the tenant did not know about the defect at the time the contract was concluded due to gross negligence and the landlord did not consciously conceal the defect;
  • the tenant was aware of the defect when the apartment was handed over and did not reserve his rights when accepting it;
  • the tenant did not immediately notify the landlord of a defect that occurred during the rental period and the landlord was therefore unable to remedy the situation.

The tenant cannot (no longer) lose his right to reduce the rent due to unconditional payment (according to the old legal situation until August 31, 2001). This can only be the case after a tacit waiver (in practice insignificant) or in accordance with the principles of good faith . The tenant also has the right to reduce the rent if the landlord has assured properties of the rented property that do not actually exist or that later cease to exist. This is the case, for example, when the landlord promises when concluding the contract that they want to take certain measures that increase the quality of the home . The right to reduce rent cannot be contractually excluded in the case of residential or commercial leases.

If the rent is to be reduced due to a defect, the amount of the reduction must be determined. Since the rent is automatically reduced for the duration of the defect (see above), the tenant only has to invoke his right to reduce the price after notification of the defect to the landlord. The landlord must be given a reasonable amount of time to remedy the fault, which is based on the specific defect (defective heating in winter compared to the baseboard).

There is a wealth of court rulings on the amount of the reduction in individual cases , which provide information on the percentage reduction. The judgments are summarized in unofficial reduction tables, which are used in practice. The general rule is that a landlord may not terminate the tenant in the event of a justified reduction . This also applies if the reduction in the result is too high. If the tenant reduces the rent due to a lack of rent by an amount that is higher than what the court deems appropriate, the tenant faces cost disadvantages in the event of a rent claim insofar as the deduction made is above the legally permissible deduction.

According to a ruling by the Federal Court of Justice (BGH, Az. XII ZR 225/03), the gross rent including ancillary costs forms the basis for a rent reduction. Since ancillary costs are advance payments for the whole year, an individual decision is still necessary.

If there is a dispute, the tenant must prove the defect and provide timely notification of the defect. Early evidence with photographs or witnesses is important.

Further components of the contract

Apartment rental agreements usually contain a passage about the number and type of keys handed over (e.g. for house and apartment doors, mailboxes, cellars, etc.), possibly about furnishings such as fitted kitchens or carpets that have been rented . In addition, other contractual rights and obligations are often regulated. Examples of rights would include usage rights for basement rooms, common rooms such as laundry rooms or drying floors , playgrounds - use of green spaces, parking spaces or garages, etc. Possible obligations include B. Requirements for cosmetic repairs and minor repairs as well as the condition of the apartment, which must be observed when moving out after the contract has been terminated. Furthermore, the rental agreement can contain provisions on the sweeping week , snow removal, etc. include. Some of the points mentioned here are often not in the rental agreement, but in the house rules , which, however, are often contractually agreed as part of the rental agreement and are therefore legally binding .

Pets

Depending on the circumstances, pets in rented apartments require the landlord's approval. Rental contract clauses that contain a general ban on keeping animals are ineffective. The keeping of small animals in cages, aquariums, terrariums etc., which cannot be assumed to impair the rental property or other tenants and the tenant concerned  would be "unreasonably disadvantaged" within the meaning of Section 307 (1) BGB, is generally free of permission . So count z. B. ornamental birds, fish in aquariums, small animals such as hamsters, rabbits, guinea pigs or small non-poisonous snakes and turtles etc. for the contractual use of a rented apartment. A general ban on dogs and cats in the rental agreement is also ineffective, but this does not mean that the tenant can keep dogs or cats without any consideration for others. Instead, a comprehensive weighing of the interests of all parties involved must be made, according to the Federal Court of Justice in its judgment (BGH March 20, 2013 - VIII ZR 168/12):

"[...] the risk of impairment of the rented property or disturbance of neighbors, which cannot generally be excluded for dogs and cats [does not entitle the landlord [...] to the keeping of dogs and cats by means of a general ban without consideration to completely prohibit special circumstances of the individual case. [...] Whether animal keeping is part of the contractual use within the meaning of § 535  Paragraph 1 BGB requires a comprehensive weighing of the interests of the landlord and the tenant as well as the other parties involved not generally, but only on a case-by-case basis, because the circumstances to be taken into account are so individual and varied that any schematic solution is forbidden. Species, size, behavior and number of animals, species, size, condition and location must be taken into account the apartment and the house in which the apartment is located, number, personal circumstances, in particular age, and authorized persons Interests of roommates and neighbors, number and type of other animals in the house, previous handling by the landlord and special needs of the tenant. "

Written form for the rental agreement

There is no formal requirement for rental contracts. However, if a rental contract for rooms (living rooms, but also business premises ) is not concluded in writing for a period longer than one year , it is valid for an indefinite period ( § 550 sentence 1 BGB). This then leads in particular to a regular termination option before the fixed rental period expires.

If the rental agreement consists of a dozen loose papers, this does not violate the written form; because according to § 126 BGB no physical connection of the individual sheets of the document is necessary if their unity results beyond doubt from consecutive pagination , consecutive numbering of the individual provisions, uniform graphic design, context of the text or comparable features. There are no problems with the written form when the pages are joined with the stapler. In order to adhere to the written form of a rental agreement, the mutual reference of the individual sheets is sufficient, even in the case of an original contract (mental link); no physical connection is required.

The signatures of the tenant and landlord do not have to be on the same copy . It is sufficient if each party signs the other's copy. However, they must be identical copies of the contract. If both tenants have signed identical contract forms, but the landlord has signed the copy for the tenant with a handwritten addition containing a reservation, the written form is no longer complied with and the contract is deemed to be concluded for an indefinite period. It is irrelevant whether the reservation concerns important or minor changes.

Example case: Both parties had concluded a ten-year commercial lease that was signed by the tenant and sent to the landlord. The landlord had also signed and at the same time sent the tenant a letter with minor changes to the contract and added the addition to his signature under the contract form that the signature “only applies in accordance with our (last) letter”. In this way, the offer to conclude a specific contract was legally rejected. The tenant moved into the commercial space, but never confirmed the changes to the landlord. Thus, there was no formal fixed-term rental agreement between the two parties and the tenant had the right to prematurely terminate the rental relationship with a three-month notice period.

If a previously terminated tenancy agreement between the original tenants is to be continued, it is sufficient and sufficient in writing if both parties make specific reference in a written document to the content of the previously valid tenancy agreement. There is no need to repeat the entire text.

Rental debt exemption certificates

Landlords often require the submission of a rental debt clearance certificate from the previous landlord before signing a rental agreement. According to the BGH, the tenant is only entitled to a receipt for payments made from his landlord, but not to a further certificate.

Leases for commercial space, commercial use

A special feature of German tenancy law is to differentiate between use for commercial purposes and use of the rental property for residential purposes. An indirect consequence of the great housing shortage with corresponding excesses after the end of World War II was the introduction of "social" rental legislation with very pronounced tenant protection in the 1970s (later corrected and changed many times). Properties that were rented for commercial purposes therefore had to be excluded from tenant protection. Proper rental contracts should specify whether the rental is for residential purposes or for other (commercial) purposes. Agreements according to which the use is only commercial or only for residential purposes (= usage restrictions) are permitted. If a tenant carries out a commercial activity in an apartment rented for residential purposes, this can lead to the loss of tenant protection and a termination.

Commercial use (delimitation)

The case law has developed the following principles for the delimitation:

  • Living spaces are used for living and not for commercial activity. Of course, this does not mean that the tenant is not allowed to carry out any professional activity in his rooms. The feature “use in accordance with the contract” has been adapted by case law to reflect changes in living and working conditions as well as technical developments.
  • The tenant can carry out normal, occasional office work or business meetings in his apartment, provided that the character of a living space is retained. In particular, there is usually nothing wrong with the commercial use of a fax or a computer. For this reason, home workplaces on the computer are also covered by the contractual use as living space or activities that only involve making phone calls.
  • The tenant may also use the apartment as a painter, writer, musician or other artist, even if these activities generate substantial income (studio apartment). Work as a translator or reviewer is also permitted. The BGH ruled that a landlord does not have to tolerate business activities of the tenant in the apartment that appear to the outside world without a corresponding agreement. However, he may be obliged in good faith to grant permission for partial commercial use if it involves an activity without employees and without significant customer traffic; the tenant bears the burden of presentation and proof for this.
  • However, the practice of prostitution is regularly classified in judgments as commercial use, which is not permitted if the rooms were rented for residential purposes. The landlord can also subsequently issue a permit to carry out commercial activity in the rooms rented for residential purposes, but is obliged to take other existing tenancies into consideration. With regard to the practice of prostitution, it can generally be assumed that the landlord is not allowed to issue a (lucrative) permit, as it cannot be ruled out that other tenants will be harassed (for example by clients waiting in the hallway). Harassed tenants could sue for an omission of the rental for commercial use (here prostitution).

Leases over floor space

In the GDR it was possible to rent floor space and build buildings on it. With the Law of Obligations Adjustment Act , the buildings can become the property of the property owner in 2022.

Tax liability

See also

literature

  • Deutscher Mieterbund (Ed.): The tenant lexicon. Edition 2013/2014, ISBN 978-3-442-17405-8
  • Jürgen Fritz: The development of commercial tenancy law in 2013 (following the corresponding previous article: ... in 2012 in NJW 2013, 1138), NJW 2014, 1067.
  • House and reason (ed.): The new tenancy law. 2004 edition, ISBN 3-927776-65-3 .
  • Jürgen Herrlein: The case law on housing rent in the second half of 2013 , NJW 18/2014, 1279 (Note: This is an ongoing series of articles in the NJW that has existed for several years. The latest article refers to the respective predecessor.) .
  • Dirk Looschelders : Law of Obligations. Special part. 8th edition. Vahlen Verlag, Munich 2013, ISBN 978-3-8006-4543-5 , pp. 143-187.
  • Hans R. Neuhäuser: The rental agreement - landlord's manual for drafting contracts. 2nd edition, Fachverlag online rental contract, 2010, ISBN 978-3-000265556 .
  • Kai-Jochen Neuhaus: Handbook of business premises rental - law practice administration. , Luchterhand, 4th edition 2011, 1572 pages with CD-ROM, ISBN 978-3-472-07998-9 .
  • Schmidt-Futterer, Hubert Blank (ed.): Tenancy law. Comment. 14th edition, CH Beck Verlag, Munich 2019
  • Rudolf Stürzer / Michael Koch, Vermieter-Lexikon , 13th edition 2013, Haufe, ISBN 978-3-648-03518-4

Web links

Individual evidence

  1. ↑ BGH, judgment of December 11, 1981 Az. V ZR 247/80
  2. ↑ Beckscher online commentary on the BGB, as of August 1, 2010, § 611 Rn. 18th
  3. ↑ See BGH, judgment of March 4, 2010, Az. III ZR 79/09
  4. ^ BGH, judgment of November 15, 2006, Az.XII ZR 120/04
  5. ↑ Dirk Looschelders, Law of Obligations. Special part , 2013, pp. 146–150.
  6. ↑ OLG Hamm, judgment of November 8, 2011, Az .: I-7 U 43/11 -.
  7. ↑ BVerfG, decision of May 26, 1993, Az .: 1 BvR 208/93 = NJW 1993, 2035
  8. ↑ Auer Witte Thiel informs about the law on amendments to tenancy law, ( Memento of the original from October 19, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved February 8, 2013. @1@ 2Template: Webachiv / IABot / www.auerwittethiel-mietrecht.de
  9. ↑ Resolution recommendation and report of the Legal Committee (6th committee) on the draft law of the Federal Government - Printed matter 17/10485 - Draft of a law on the energetic modernization of rented living space and on the simplified enforcement of eviction titles (Tenancy Law Amendment Act - MietRÄndG) ( PDF; 731 kB) , accessed February 14, 2013.
  10. ↑ Press release of the Federal Ministry of Justice of February 1, 2013 Tenancy Law Amendment Act passed the Federal Council, ( Memento of the original of November 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved February 15, 2013. @1@ 2Template: Webachiv / IABot / www.bmj.de
  11. ^ Draft of a law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency and criminal procedure law BT-Drs. 19/18110 of March 24, 2020, p. 4
  12. ↑ Corona aid package and other options: When money is running out, North Rhine-Westphalia Consumer Center, March 30, 2020.
  13. ^ BGH judgment of July 13, 2010, Az.VIII ZR 291/09 PDF, accessed December 27, 2016
  14. ↑ Judgment of the BGH Az .: VIII ZR 222/15 of October 5, 2016 PDF, 4.5 MB, accessed February 13, 2017
  15. ↑ Ref .: VIII ZR 41/08
  16. ↑ Frankfurter Allgemeine Zeitung of February 6, 2009: BGH makes it difficult to save energy - not all costs count as modernization costs
  17. ↑ BGH, Az .: XII ZR 147/50; BGH: Exclusion of the right to reduce the price due to lack of rent also ineffective for commercial space rent ( memento of the original from October 18, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed September 2, 2008. @1@ 2Template: Webachiv / IABot / www.anwalt-seiten.de
  18. ↑ The assessment basis for rent reduction is the gross rent - BGH, judgment of May 6, 2005, XII ZR 225/03, free-urteile.de
  19. ^ BGH judgment of March 20, 2013 , Az.VIII ZR 10/92 , (position 32), Jurion , accessed December 26, 2016
  20. ↑ Supreme Court ruling of 14 November 2007 (VIII ZR 340/06) - Federal Court PDF, polling 26 December 2016
  21. ^ BGH judgment of March 20, 2013, Az.VIII ZR 168/12 - Federal Court of Justice PDF, accessed December 26, 2016
  22. ↑ BGH, judgment of September 24, 1997, Az .: XII ZR 234/95 = NJW 1998, p. 58
  23. ↑ BGH, judgment of June 30, 1999, Az .: XII ZR 55/97
  24. ^ LG Berlin, Az .: 62 S 595/96 = GE 16/97, p. 1027
  25. ↑ BGH, judgment of October 20, 2001, Az .: XII ZR 179/98
  26. ↑ BGH, judgment of October 20, 2001, Az .: XII ZR 179/98; P. 6
  27. ↑ BGH, judgment of December 20, 2001, Az .: XII ZR 75/98
  28. ↑ BGH VIII ZR 238/08 judgment of September 30, 2009 (PDF; 105 kB)
  29. ↑ KG Berlin, decision of June 17, 2010, Az .: 12 U 51/09: In the case of so-called mixed tenancies, which partly serve residential purposes and partly commercial purposes, the distinction between residential and commercial leases is to be made according to the respective focus.
  30. ^ Judgments on this: LG Hamburg WuM 1992, 241; LG Stuttgart WuM 1992, 250. AG Cologne WuM 1990, 162, LG Berlin judgment of January 29, 1993, Az .: S 422/91
  31. ↑ BGH, judgment of 14 July 2009, Az .: VIII ZR 165/08