Resolutions on the levying of a special contribution are valid even if they do not state the exact amount. However, owners must be able to calculate this themselves. This was recently decided by the Federal Court of Justice (BGH; V ZR 132/23). In this case, a community of condominium owners wanted to conduct a lawsuit. The owners decided with...
Building acceptance is a crucial step for private building owners - it signals that the building has been completed. However, experience shows that hardly any new builds are accepted without defects. For this reason, the Association of Private Building Owners (VPB) recommends that independent experts be consulted during the acceptance process in order to identify possible defects. A formal building inspection is advisable and should...
The position of landlords in the event of terminations for personal use has been strengthened by a recent ruling by the Federal Court of Justice (BGH). The BGH ruled that landlords who want to use some of their rented apartments for professional purposes can claim this under simplified conditions. To do so, they only need to prove a notable disadvantage that would arise if the apartment were not occupied...
Building owners have a period of five years after building acceptance to assert claims for defects. This warranty period allows builders to demand rectification in the event of defects that are attributable to planning or execution errors. Even if almost five years have already passed since acceptance and moving in, the construction company must still pay the costs for...
In many cases, owners want to enjoy the peace and quiet of their garden, but neighbors trespassing can become a nuisance. The Regional Court of Lübeck has ruled that, under certain circumstances, neighbors still have a right to pass through the property (AZ: 3 O 309/22). In this particular case, two neighbors, a woman and a man, were in dispute. As the man's property is located in...
Does a tenant always have to pay compensation for use if he returns the apartment late? The Hanau Regional Court recently dealt with this question (case reference 2 S 35/22). In this case, the tenant had given notice to leave his apartment with effect from August 31, 2017. However, the landlord objected to the termination due to a termination exclusion clause in the tenancy agreement. It came to...
In a legal dispute over a gas bill, the Munich District Court rejected a claim for payment of EUR 4,259.56. The plaintiff had purchased gas from a supplier from March 2020 to March 2021 for the invoiced gas consumption of 63,528 kWh and was supposed to pay the stated amount. However, she did not want to do so. She argued that the calculated gas consumption in her annual bill was far too high.
If spouses separate, one partner does not necessarily have to move out in order for a separation to actually be assumed. Rather, an appropriate degree of physical separation within the shared home is sufficient. This includes living and sleeping separately and the absence of significant personal relationships. This was decided by the Frankfurt am Main Higher Regional Court (AZ: 1 UF...
If a living room and a basement room are rented separately with two contracts, the rent cap does not apply to the basement room. This was decided by the Federal Court of Justice (BGH; case reference: VIII ZR 94/21). In the case in question, tenants had paid an apartment for an initial basic rent of 850 euros. They also concluded a basement usage agreement with their landlord for 79 euros per month. The rent for the...
A 70-year-old owner will no longer have to walk the more than 100 steps to his apartment. Instead, he can now have an external elevator installed on his apartment building - even though it is a listed building and even received the City of Munich's façade award for the front building in 1983. This was recently decided by the Federal Court of Justice (AZ: V ZR 244/22 and V ZR 33/23). In the...
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