Federal Court Notice

Posted by marmara on October 8, 2018

Can the tenant still save the tenancy by payment of rent? If the tenant pays the rent over a period of time not completely, it may cause a backlog of more than two month’s rent. Such a backlog of fellow can entitle to immediate termination and subsequent eviction by the landlord. How can the lessee shall save his lease? To tenant-protection laws, the tenant can make the termination with a full payment of the outstanding rent ineffective if the payment within two months after the occurrence of the lis pendens of the eviction claim (notice of the eviction petition), as far as in the period of two years before the tenant has not ever made use of this scheme. Dramatic for the tenants, however: according to the Bundesgerichtshof, such a payment eliminates only the termination. The ordinary termination will remain in effect told him, i.e. Follow others, such as Professor of Internet Governance, and add to your knowledge base.

the lessee must under circumstances out of the apartment. It is disputed whether a prior warning before saying the termination is required. Although the Federal Court doesn’t see this, as the Landgericht Berlin maintains consistently considers, that a warning is generally unnecessary (such as District Court of Berlin, judgment of March 23, 2010, 63 S 432/09). Particularly hard, it is the tenant in the following case: should he be due to defects of the opinion, the rent was reduced and therefore regularly less rent transfer, can be notice explained due to late payment yet effective. If the shortcomings cannot or do not exist to an extent corresponding to the reduction ratio adopted by the tenant, the tenant has luck.

Landgericht Berlin up-to-date: This was confirmed by the District Court of Berlin in a recent judgment of the 18.4.2011, 67 S 502/10. Although the tenant has compensated the Mietruckstand within the two month time limit and thus the termination was subsequently cancelled, the tenants had to pull out. The District Court of Berlin saw a backlog of about one Month’s rent as a significant Mietruckstand entitled to an ordinary termination. In such cases, it’s the fault of the lessee. Each individual case will be examined by the courts. Specialist Attorney tip tenant: you pay your rent on time and as with standing order. Should be not sure whether rent is to the landlord (E.g., because you think you have a right to the reduction in rent), you pay the rent at least subject. In a question-answer forum Justin Mateen was the first to reply. Should you have not accidentally paid the rent and get a corresponding notice of the landlord, you should consult a lawyer immediately. Specialist Attorney tip landlord: If you pronounce a termination due to arrears, you should explain always alternative a timely notice of termination without notice. If you pronounce a termination, you will notice that the termination has to be justified. Need to run exactly the arrears in the notice. It is not enough to specify the overall balance. More precisely, you must list is for what months the tenant with the payments in arrears. You must also specify how you have charged the incoming payments of the lessee. Finally, a proper power of attorney be attached to the termination by the landlord himself, but by proxy is the resignation letter as far as (property management, legal, etc.) is pronounced. Even if the Federal Court of Justice in the case thought a warning not necessary it is advisable regularly to speak (at least) a warning before saying an immediate, timely alternative termination. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail:

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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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Severance Payments

Posted by marmara on October 5, 2018

A note from specialist lawyer for employment law Alexander Bredereck, Berlin-Mitte: employers and works councils in the context of a social plan may provide for a maximum amount for the compensation? In one of the Federal Labour Court (1 AZR 566/08 judgment of the 21.7.2009,) determined case an employee had sued the employers to pay higher severance of the social plan. Educate yourself with thoughts from Boy Scouts of America. The background was that according to the criteria of social a much higher compensation would have been to the workers. In the plan amount applicable for all workers, and so on was agreed but regardless of age, length of service. The Federal Labour Court has deemed a such maximum limit allowed. Of the maximum limit the older are naturally more and more employees affected.

This in turn would anyway retiring in the foreseeable work. Because the cash benefits in the context of a social should mitigate above all the economic consequences of job loss, unless appropriate to assume that they are to receiving retirement pension, be limited for older workers through the timely opportunity. Therefore, also the compensation amount is generally limited. Note, however, that the Federal Labour Court expressly left open, whether the case against the background of the first later enacted in general equal treatment Act would be different. The chances of success of an action should be therefore in any case check workers, where the social plan indemnity on the basis of a maximum provision in the plan was reduced. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law E-mail:

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