The Hanau Local Court recently emphasized the indivisible unity of apartment and garage when renting a property at the same time [case reference 32 C 172/22 (12)]. Despite two separately signed contracts, the court ruled that a separate termination of the garage lease by the landlord is not permissible.
In this case, a landlady had concluded a residential rental agreement and a garage rental agreement with the tenants. She later tried to terminate only the garage rental agreement. However, the tenants refused to return the garage. They were of the opinion that both properties were contractually linked. The landlord referred to the two separate contracts and the separate rental payment as proof of the independence of the two rental contracts.
Despite the landlord's arguments, the Hanau district court dismissed the claim. The background to the decision is probably also the fact that the rental agreements for the apartment and the garage on the same property were concluded at the same time. It was therefore not to be expected that the tenant would no longer want to use the garage before moving out. The ruling is not yet legally binding.
Source: ordentliche-gerichtsbarkeit.hessen.de
© Fotolia
