In Munich, two tenants have now been ordered by the local court (AG München; file number 474 C 4123/21) to move out of their apartment and hand it over to the new owners. The tenants had been living in a 60-square-meter three-room apartment in Maxvorstadt since 2005. When this was to be sold, they refused to allow interested parties to view it. Nevertheless, buyers were found - even without having viewed the apartment.
At least after the purchase, however, the new owners wanted to take a look at their newly acquired apartment. They arranged a total of eight viewing appointments within five months. None of these took place. They therefore issued a warning to the tenants and then gave extraordinary notice of termination of the lease. The new owners (plaintiffs) were of the opinion that they were entitled to a right of inspection in order to be able to assess the condition of the apartment. The financing bank must also have this opportunity.
The persistent refusal constituted grounds for extraordinary termination. Although the tenants (the defendants) cited various reasons, such as quarantine regulations due to Corona, for the failure, the AG Munich upheld the action. The judge in charge justified the ruling among others with the right of inspection for special reasons. In addition, the defendants were unable to prove their reasons for prevention, for example on the basis of documents.
Source: justiz.bayern.de/AG München/AZ: 474 C 4123/21
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