If land is sold that has been in the owner's possession for less than ten years, the profit must normally be taxed. However, if the property is occupied by the owner, the situation is different: In this case, no tax is due on the sale - even if it is a garden house that is illegal to build...
Landlords cannot make claims against the Jobcenter if a basic income support recipient owes them rent. This was recently decided by the Lower Saxony-Bremen Regional Social Court (LSG). In the case in question, an owner rented apartments to recipients of basic income support and, as a precautionary measure, had them agree to the direct payment of rent by the job center.
If a wedding celebration for which a location has already been rented has to be canceled due to the coronavirus pandemic, the couple must still pay the room rental fee. This was recently decided by the Federal Court of Justice (BGH). In the case in question, a couple from North Rhine-Westphalia had married in a civil ceremony on December 11, 2018 and had planned a wedding celebration with 70 guests for May 1, 2020. The...
A real estate purchase contract cannot be rescinded without further ado if a crime has been committed in the property and the buyer was unaware of this when signing the contract. This was recently decided by the Coburg Regional Court (Coburg Regional Court, judgment dated 06.10.2020, case reference: 11 O 92/20). In this case, a buyer had purchased a house in 2018. The seller had not told her about the...
A landlord may not immediately give notice to a tenant who has withheld part of her rent due to the Berlin rent cap. This has now been decided by the Berlin Regional Court. In this case, the tenant had withheld part of the rent since March 2020 in reliance on the rent cap. She did not immediately pay back this part after the rent cap ended in spring 2021,...
Two neighbors in Frankfurt am Main got into an argument over the smell of cannabis. But what had happened? One evening, the smell of cannabis drifted into a man's apartment. He then went out onto the balcony to talk to his neighbor. However, he denied everything. When the man then announced that he would involve the landlord, his neighbor initially said: "Then come over...
A tenant living in a terraced house may not simply drill holes in an exterior wall without asking his neighbor for permission in advance. This is the result of a ruling by the Federal Court of Justice (BGH) (AZ: V ZR 25/21). In this case, the tenant (defendant) had drilled holes in an exterior wall to lay a power line for an electric awning. Initially, the...
The energy performance certificate must also be made available to prospective buyers and tenants during the property viewing. It must be clearly displayed or presented without being asked. This has now been pointed out by Deutsche Umwelthilfe (DUH). In the case in question, the DUH found that the obligation to provide information had been disregarded during two open apartment viewings. The...
Retailers who were affected by the lockdown in spring 2020 due to the coronavirus pandemic can reduce their commercial rent. This was recently decided by the Federal Court of Justice (BGH). However, it always depends on the individual case. According to the BGH, several aspects must be taken into account when making a decision. For this purpose, it must be examined what loss of sales the lockdown was accompanied by, what...
Landlords can pass on the costs of felling a rotten tree on a rental property to their tenants. This is the result of a ruling by the Federal Court of Justice (AZ: VIII ZR 107/20). According to the ruling, the costs of felling a tree are among the apportionable costs of garden maintenance. In the case in question, a tenant had taken legal action against a housing association that had cut down a rotten...
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