If tenants have to bear the costs of a chargeable broadband cable connection for the entire term of their lease, this does not violate the Telecommunications Act under the current legal situation. This was recently ruled by the Federal Court of Justice (BGH). However, this practice has not been permitted since December 1, 2021 anyway. The reason for this is an amendment to the Telecommunications Act. Tenants can now, if the tenancy has lasted longer than 24 months, declare the termination of telecommunications services under the tenancy to their landlord. There is still a transition period for landlords until June 30, 2024.
In the current case, the Central Office for Combating Unfair Competition had sued a major housing association in North Rhine-Westphalia for an injunction. It was of the opinion that the provision of a cable connection for a fee must be terminable at least at the end of a term of 24 months and that there are no rental agreements in which the term is limited to a maximum of 12 months.
Since the leases are concluded for an indefinite period and the tenants can terminate them by the third working day of a calendar month to the end of the calendar month after next in accordance with the statutory provisions, the BGH rejected the appeal of the Wettbewerbszentrale. The lower courts had also ruled in favor of the housing company.
Source: BGH/I ZR 106/20
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