"The decision is highly problematic and not for me to understand. The Federal Court allows virtually False Statements to the owner's home size. Landlords may steal now with a contract term of responsibility and impunity fantasy figures on dwelling size specify in the lease, "criticized the director of the German Tenants' Association (DMB), Lukas Siebenkotten, today's ruling of the Federal Court (VIII ZR 306/09). Mr. Siebenkotten is a former lawyer from Krefeld, with whom I've always worked together confidently.
The Supreme Court has once again like a hard-to-place choice, because for whatever other reason, a landlord write such a precise size specification in the lease than to give a binding promise.
The landlord had the size of the apartment lease with "ca 54.78 sq m "is specified. In fact, the apartment was about 22 percent less, namely 42.98 square meters.
had Despite the deviation of the tenant by asking for rent reduction and repayment of amounts paid in rent unsuccessful. Reason, the Supreme Court, the landlord had included the clause in the lease that the disclosure to the apartment size is "not because of possible measurement errors to determine the rental property. The spatial extent of the leased thing arises rather from the URL of the leased premises. "This is an indication of the size of homes no binding agreement.
here is quite clear that the jurisprudence of the Supreme Court changes and constant fluctuations and no one can foresee how the court will decide.
the one hand, the court affirmed an earlier decision to reduce the entitlement of the tenant was a significant deviation, order now to tilt because of the vague addendum to the treaty.
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