If the eviction of a mentally ill tenant would lead to suicidal intent, the landlord must continue the tenancy for an indefinite period. This has now been decided by the Federal Court of Justice (BGH; case reference: VIII ZR 390/21). In this case, an owner wanted to terminate his tenant's lease on the grounds of personal use in order to combine two apartments for himself and his partner and thus provide him with barrier-free access due to orthopaedic problems.
He gave notice to his tenant, who had been living in the apartment for 40 years. She objected to the termination and claimed reasons of hardship. She was suffering from severe depression and even suicidal tendencies. The landlord then offered her another apartment in the building. However, the tenant did not accept this offer. He then brought an action before the local court for eviction or, alternatively, for the tenancy to be continued for one year with a higher rent. The district court and the court of appeal (regional court) subsequently increased the net rent to be paid. The termination for personal use was also declared effective, but the plaintiff still had to continue the tenancy.
This was probably also due to the statements made by the tenant's partner and the doctor treating her. The case ultimately ended up before the BGH, which also ruled in favor of the tenant. Even the refusal of therapy or the rejection of a replacement apartment could not generally lead to the existence of hardship being rejected. 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
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