Proper waste separation is one of the duties and obligations of all tenants in a rental housing complex. However, not all tenants always comply with the stipulated requirements for proper waste separation. A case in Frankenthal (AZ 3a C 288/18) shows that misconduct can have financial consequences. After the landlady of a residential building had pointed out to the tenants of one of her apartments several times and by means of different information to separate recyclables appropriately, the tenants still did not change their behavior.
The landlord commissioned third parties to check the waste separation and sort the waste. In addition to sorting the waste, the landlord also had to remove unauthorized bulky waste from the communal areas and clean up any soiling of the outdoor areas. The landlord passed on the costs for checking and re-sorting the separation of recyclable materials and the waste removal costs to the tenants concerned as operating costs. The tenants filed a lawsuit because they were of the opinion that the costs incurred were to be borne by the landlord and could not be apportioned as operating costs.
The Frankenthal Local Court (AG) ruled in favor of the tenant on the grounds that the latter was not liable for the tenant's conduct in breach of duty. Pursuant to Section 556 (1) BGB and Section 2 No. 8 BetrKV, the costs incurred for waste separation and re-sorting are to be regarded as apportionable operating costs. In addition, the landlady has made sufficient efforts to achieve better waste separation in the residential complex by providing information. It can also be assumed that proper waste separation is in the interests of the majority of tenants.
Source: AG Frankenthal
© photodune.net
