In Berlin, tenants benefit from a ten-year protection against termination, and this applies whenever a rented apartment is to be converted into a condominium. In a recent ruling (VIII ZR 356/20), the Federal Court of Justice clarifies that "the notice lock-up period after the formation and sale of condominiums within the meaning of Section 577a (1) of the German Civil Code (BGB) is effective for the entire area of Berlin at ten years".
In addition, the BGH emphasizes that the termination protection clause ordinance of the State of Berlin is in line with both the Basic Law and federal law. The termination protection clause is intended to protect tenants from arbitrary terminations of owner-occupied housing, which particularly jeopardize the protection of the tenant's continued existence.
In the opinion of the legislator, arbitrary terminations of own need after conversion of the rented residential space into a condominium and sale to a new owner also constitute justification for the extended notice lock-up period. Interested parties can read the full ruling at juris.bundesgerichtshof.de.
Source: VIII ZR 356/20/juris.bundesgerichtshof.de
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