Tenants are not obliged to vacate their apartments for modernization work. This applies in particular to properties in need of refurbishment where modernization work is planned and can be carried out without temporarily displacing tenants. However, there are also exceptions. One such exception is when the measures in a dilapidated building cannot be carried out in any other way. This was decided by the Berlin II Regional Court (AZ: 65 S 139/24).
In this case, a landlady asked an 85-year-old tenant to vacate the property between July and September 2023. The tenant did not agree. The case initially ended up before the Wedding district court. The landlady sent the tenant several letters demanding that he vacate the house for a certain period of time. He did not do so. The landlord then threatened to terminate the tenancy with notice for breach of the obligation to tolerate modernization work and then served the notice. Wrongly, according to the LG Berlin II.
According to the judges, the measures in the terraced house can be planned and carried out in isolation. In any case, nothing else could be inferred from the landlord's letters. In addition, the landlord was obliged under the contractual duty of consideration (Section 241 (2) BGB) to take its tenants into account when planning and implementing the measures. Various aspects must be differentiated here. With older, sick tenants, other concerns must be taken into account than with healthy, young tenants.
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