In Berlin, tenants benefit from a ten-year protection against dismissal whenever a rented apartment is to be converted into a condominium. In a recent ruling (VIII ZR 356/20), the Federal Court of Justice clarified that "the period of non-termination after the formation and sale of condominiums within the meaning of Section 577a (1) BGB is set at ten years for the entire area of Berlin".
In addition, the BGH emphasizes that the termination protection clause ordinance of the state of Berlin is in line with both the German Basic Law and federal law. The termination blocking period is intended to protect tenants from arbitrary terminations for personal use, which particularly jeopardize the tenant's protection.
In the opinion of the legislator, arbitrary terminations for personal use following the conversion of the rented accommodation into a condominium and sale to a new owner also constitute justification for the extended notice period. Interested parties can read the full judgment at juris.bundesgerichtshof.de.
Source: VIII ZR 356/20/juris.bundesgerichtshof.de
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