The tenants of a five-room apartment in a villa in Berlin must evict their tenant. This is because, according to a court ruling, they have significantly violated their lease obligations. Despite several warnings, they repeatedly let their two dogs run around unleashed on the property's common areas, which include a children's playground. The owner files for termination of the tenancy without notice, or alternatively for ordinary termination. The tenants file an objection and demand that the eviction action be discontinued.
The civil senate of the Federal Court of Justice (BGH) considers the tenant's termination without notice, or alternatively ordinary termination, to be justified and rejects the tenants' application for rejection of enforcement. The tenants not only resisted the landlady's repeated warnings, but clearly violated the house rules. Despite the tenants' appeal against non-admission filed in due time, the appellate court can only initiate the temporary suspension of enforcement if the appeals filed have a prospect of success.
This is not the case here. Since the tenants' behavior constitutes a serious persistent breach of duty, termination without notice by the owners is justified. Here, it is not primarily a question of whether the co-tenants feel disturbed by the behavior of the defendants and the running around of the dogs on the common areas, but rather a general violation of the obligations under the lease agreement as well as the house rules by the plaintiffs.
Source: BGH
© photodune.net
