The occasional use of a second home does not constitute "temporary use of the rented property". This was decided by the Regional Court (LG) Berlin (LG Berlin Az.: 63 S 19/20). In the case at hand, a landlady terminated the lease of her tenant. The reason given was a misuse of the apartment, since the tenant used the second home only occasionally and the tenant protection for a termination therefore did not apply.
But the tenant refused to move out. Her landlady then filed an eviction action with the Berlin-Schöneberg Local Court. However, this was rejected. The action before the Berlin Regional Court also failed. The judges pointed out that temporary use of the rented property requires the intention to use the rented property to be limited in time when the contract is concluded. However, since the rental agreement is for an indefinite period, this is not the case.
Background: In tight housing markets such as Berlin, there are regulations designed to prevent the misuse of apartments - for example, renting them to tourists. However, tenants who use an apartment as a second home are not in breach of these regulations.
Sources/judgment: hausundgrund-verband.de/LG Berlin Az.: 63 S 19/20
© Fotolia
