The Leverkusen Local Court ruled that a landlord may not terminate a tenant's lease without notice for stealing electricity for an electric car (AZ: 22 C 157/23). In this case, tenants had repeatedly charged their hybrid vehicle at a general socket in the apartment building. This led to displeasure among the neighbors. Despite the small amount of damage of 48 euros, the landlord had issued a termination without notice and alternatively an ordinary termination. However, the court found that the theft of electricity did not significantly disturb the peace of the house and that there was no prior warning.
The ruling took into account the fact that the renter only caused minor damage by charging the vehicle. The court based its decision on the de minimis threshold for theft of minor items, which is around 50 euros. The landlord also failed to issue an earlier warning, which also rendered the termination ineffective. In addition, the tenants wanted to make good the damage and pay 600 euros to do so. As the ruling was not contested, it is legally binding. It shows that termination without notice is not always justified in the event of electricity theft.
It is important for landlords to document electricity theft accurately and collect all relevant data. This also includes photo documentation of the tampered electricity meter and, if necessary, witness statements. In addition, landlords must first give the tenant a warning before issuing a termination notice. Tenants should be aware of the legal consequences associated with such behavior and take care not to take electricity without authorization.
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