A tenant who blocks the driveway by parking incorrectly does not provide sufficient grounds for terminating the tenancy without notice or with due notice. This was decided by the Regional Court of Berlin II (AZ: 63 S 193/23). The court classified the disadvantage caused by the incorrect parking as merely a disturbance of property and not a breach of contract.
According to the court, both the termination without notice and the ordinary termination were unjustified. The reason for this was that the tenant's parking did not make the continuation of the tenancy unreasonable. There was also no warning, which is a prerequisite for termination without notice.
The court pointed out that, in the event of parking violations, owners should invoke civil law remedies such as Section 1004 of the German Civil Code to take action against unauthorized parking rather than taking measures under tenancy law.
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