Does a tenant always have to pay compensation for use if he returns the apartment late? The Hanau Regional Court recently dealt with this question (case reference 2 S 35/22). In this case, the tenant had given notice to leave his apartment with effect from August 31, 2017. However, the landlord objected to the termination due to a termination exclusion clause in the tenancy agreement. A legal dispute ensued.
The tenant moved out, but continued to pay the rent under reserve due to the ongoing court proceedings. However, he left some furniture in the apartment. Meanwhile, the Hanau Local Court and Hanau Regional Court ruled in preliminary proceedings that the tenant's termination was valid. The tenant then claimed back the rent he had paid under reservation, while the landlord demanded compensation for use in the amount of the rent, and the court ruled largely in the tenant's favor. The landlord was not entitled to compensation for use. He had not intended to take back the apartment. However, the removal of furniture was considered an exception. The tenant must therefore pay back a monthly amount of 120 euros to his former landlord for the relevant period. The decision of the Hanau Regional Court is not yet legally binding.
Source: ordentliche-gerichtsbarkeit.hessen.de/AZ: 2 S 35/22
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