The position of landlords in the event of terminations for personal use has been strengthened by a recent ruling by the Federal Court of Justice (BGH). The BGH ruled that landlords who want to use some of their rented apartments for professional purposes can claim this under simplified conditions. To do so, they only need to prove a significant disadvantage that would arise if the apartment were not occupied.
The decision underlines a more flexible handling of termination for personal use, particularly in cases of mixed residential and commercial use. The court's examination of the landlord's justification is likely to be less strict as long as such mixed use takes place. This should make it easier for landlords to combine their professional and private lives more effectively.
The ruling could have an impact on tenancy law in Germany. It signals a potential increase in terminations for personal use by landlords who use the premises for professional purposes. For tenants, this means increased uncertainty, particularly in cities with a tight housing market, where such terminations can have far-reaching consequences.
Source: BGH, AZ: VIII ZR 286/22
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