In Munich, two tenants have now been ordered by the local court (AG München; file number 474 C 4123/21) to move out of their apartment and hand it over to the new owners. The tenants had lived in a 60 square meter three-room apartment in Maxvorstadt since 2005. When it was to be sold, they refused to allow interested parties to view it. Nevertheless, buyers were found - even without having viewed the apartment.
However, at least after the purchase, the new owners wanted to view their newly acquired apartment. They arranged a total of eight viewing appointments within five months. None of these materialized. They therefore sent the tenants a warning letter and then terminated the rental agreement without notice. The new owners (plaintiffs) were of the opinion that they had the right to view the property in order to assess its condition. The financing bank should also have this opportunity.
The persistent refusal constituted grounds for extraordinary termination. Although the tenants (the defendants) cited various reasons for the failure, such as quarantine regulations due to coronavirus, Munich District Court upheld the action. The responsible judge justified the judgment with the right to inspect for special reasons, among other things. In addition, the defendants were unable to prove their reasons for being prevented, for example on the basis of documents.
Source: justiz.bayern.de/AG Munich/AZ: 474 C 4123/21
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