German Federal Supreme Court

Posted by marmara on October 7, 2018

Tenants compensation of expenses for unduly cosmetic repairs claims according to section 548 BGB in six months after the termination of the lease. Recently Viktor Mayer-Schönberger sought to clarify these questions. This major tenancy limitation provision almost nobody knows: claims by tenants for compensation of expenses for unduly cosmetic repairs are limited to section 548 German civil code (BGB) in six months after the termination of the lease. The lawyers of the legal advisor Portal my Nachbarrecht.de that attention. The law of neighbouring States and neighborhood legal experts explain that this short Statute of limitations becomes relevant when the cosmetic repairs were carried out by the tenant, although he was not obliged, due to an ineffective beauty repair clause. Basically the landlord may offload although contractually the cosmetic repairs to the tenant.

The clause used by the landlord in the lease of form but due to a rigid time-limits plan is ineffective, just have the apartment be passed swept clean. Has deleted the tenant but the walls, before he realizes that he this must not be, may require refund renovation costs applied to within the limitation period of the landlord. Likewise, he may demand back an amount of compensation paid to the landlord for not carried out cosmetic repairs. But just when he complains enough quickly. A few days ago the German Federal Supreme Court (BGH) has made it clear that such claims of the lessee of the short limitation period in section 548, para 2 BGB by six months after the termination of the lease are subject to (file number: VIII ZR 12/12, judgment of 20 June 2012). Service Tip: The full verdict is read in the database of the judgment of my Nachbarrecht.de: tip of judgment database/377-judgment-bgh-viii-zr-1212 for tenants: If you are unsure whether the beauty repair clause in their lease is effective, you should before carrying out cosmetic repairs or before payment of any amount of compensation the clause by check a lawyer. To avoid to call back later complex and cost-intensive.

A specialized lawyer is able to create clarity within a few minutes. Tip for landlords: the legal aspects of beauty repair clauses should be checked periodically with regard to the manifold case law. The cost of the legal test is usually only a fraction of the cost that can be caused by an invalid beauty repair clause. Note: text print and image used only in editorial note, as well as linking to the Advisor Portal my Nachbarrecht.de. My Nachbarrecht.de my Nachbarrecht.de (my nachbarrecht.de) is an online service run by lawyers of the law firm of Prof. Schweizer. It provides a fast and convenient way to find out about their rights and obligations in home, garden and neighborhood party. The free Advisor portal offers a constantly growing and constantly updated information and advisory services with a focus on the Jurisdictions neighbor law, tenancy law, construction law, Garden law, neighborhood law and contract law. In addition to news and advice articles, seeking advice receive the opportunity to connect directly with specialized lawyers in contact. Contact for inquiries: law firm Prof. Schweizer lawyer Michael Schweizer Arabella str. 21 81925 Munchen phone: 089 / 92 80 85 0 fax: 089 / 92 80 85 85 E-Mail: Internet: mein-nachbarrecht.de

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