Summation effect

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A cumulative effect in tenancy law occurs when clauses in a tenancy agreement that are unobjectionable but related in terms of content, in their overall effect, lead to an unreasonable disadvantage for the contractual partner of the user. This also applies if only one of the two clauses was agreed in terms of the form , the other on the other hand individually, or if one of the two form clauses is in itself ineffective.

Basics

In principle, the landlord is obliged to keep the rented property in the condition in accordance with the contract (maintenance obligation in accordance with Section 535, Paragraph 1, Clause 2 of the German Civil Code ). He must therefore carry out the maintenance and repair work required during the rental period. This maintenance obligation is mandatory. This requires a party agreement, which can also be made in a form rental agreement. The passing on of so-called cosmetic repairs is then subject to content control in accordance with Section 307 of the German Civil Code.

example

The lease contains the following form of agreement:

"The tenant in particular the obligation to carry out at his expense all cosmetic repairs ... or run has to be ... cosmetic repairs include wallpapering, painting the walls and ceiling, painting the radiators ... These works are from arrival in the Usually in kitchens, bathrooms and toilets after three years at the latest, in living rooms, bedrooms, hallways ... after five years at the latest and in other rooms ... after seven years at the latest. "

This clause in and of itself is not rigid and therefore effective, since the use of the phrase " as a rule " leaves enough space for the sensible tenant to recognize that the actual renovation intervals will adapt to what is objectively necessary.

However, the lease also contains an individual agreement, according to which the tenant has to renovate when moving out.

"When the contract expires, the rented rooms must be vacated and left clean. In addition, the wallpaper must be removed and the ceilings and walls painted."

Interaction of the clauses as unreasonable disadvantage

Both agreements in the lease contain a general regulation for taking over cosmetic repairs. The obligations to undertake ongoing cosmetic repairs meet the obligation to renovate after the end of the tenancy. The tenant would be obliged to carry out a final renovation of the apartment when moving out, even though he had, for example, carried out the regular cosmetic repairs a year earlier (= summation effect). The landlord may therefore not request a final renovation without taking into account the time of the last cosmetic repairs. Overall, this creates an unreasonable disadvantage for the tenant i. S. d. Section 307 BGB.

Individual evidence

  1. ^ BGH, judgment of April 5, 2006 , Az. VIII ZR 163/05, full text.
  2. ↑ BGH, judgment of May 4, 2003 , Az. VIII ZR 308/02, full text.
  3. ↑ BGH, judgment of October 30, 1984 ( Memento of the original from April 1, 2011 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. , Az. VIII ARZ 1/84, full text = BGHZ  92, 363, 367. @1@ 2Template: Webachiv / IABot / www.bohei-rae.de
  4. ^ BGH, judgment of July 13, 2005 , Az. VIII ZR 351/04, full text.