If an owner wishes to sell or rent out their property, they have the right to enter the property after giving the appropriate notice. But can a court prohibit the right of access to an apartment in special cases? The Federal Court of Justice recently dealt with this question (VIII ZR 420/21, BGH), overturned the judgment of the regional court and referred the case back to the court of appeal for a new hearing and decision.
In the current case, an owner wants to sell her property. She has rented it out to a tenant who suffers from severe mental health problems. The tenant did not want to let the owner (her landlady) into the apartment. The owner took legal action against this. However, she was initially denied the right to enter. The reason for this was a psychiatric report stating that "there is a high risk of actions with a significant health risk, including completed suicide" and that the defendant's state of health was at risk of deteriorating further if third parties were to enter the apartment.
However, the BGH pointed out an error of law. This was because the Court of Appeal had not dealt with the possibility that the risk of health complications would be reduced "if the defendant was represented by a trusted person or a lawyer when the landlord, prospective buyers or estate agents entered the apartment".
Source: BGH/ VIII ZR 420/21
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