If the eviction of a mentally ill tenant would lead to a suicidal intent, the landlord must continue the tenancy for an indefinite period. This has now been decided by the Federal Court of Justice (BGH; AZ: VIII ZR 390/21). In the case at hand, an owner wanted to terminate his tenant's lease due to own need in order to combine two apartments for himself and his life partner and thus provide the latter with barrier-free access due to orthopedic problems.
He gave notice of termination to his tenant, who had already been living in the apartment for 40 years. The tenant then objected to the termination and asserted reasons of hardship. She was suffering from severe depression and even suicidal ideation. The landlord then offered her another apartment in the building. However, the tenant did not accept this offer. The landlord then sued the tenant in the district court for eviction or, in the alternative, for continuation of the lease for one year with a higher basic rent. The Local Court and the Court of Appeal (Regional Court) then increased the net cold rent to be paid. The termination of the tenant's own need was also declared effective, but the plaintiff still had to continue the tenancy.
The reason for this was probably also the statements made by the tenant's partner and the doctor treating her. In the end, the case ended up before the Federal Supreme Court, which ruled in favor of the tenant. Even the refusal of therapy or the rejection of a replacement apartment could not in principle lead to the rejection of the existence of hardship. The reason for this is that those affected may already have a lack of insight due to their illness. However, according to the BGH, decisions must be made on a case-by-case basis.
Source: Federal Court of Justice/VIII ZR 390/21
© Photodune
