Tag: <span>law</span>

Auer Witte Thiel informs about current decision of the Munich higher regional Court Koblenz November 2010. Through the leased property damage caused to the property of a tenant does not justify in any case claims for damages, ruled in September 2010 the OLG Koblenz. The decision strengthens the legal position of landlords against tenants according to Auer Witte Thiel. Auer Witte Thiel reports on the current case and the reasoning of the judge. Not always, the landlord is liable if damage to the property of the tenant caused by unforeseeable events on the leased property. This made it clear the Oberlandesgericht Koblenz in a recent judgment (OLG Koblenz, judgment v. 2010, AZ.

2 U 779/09). The background: An artist lived in a basement apartment and stored some of his works at the same location. In February 2008, a water pipe break, which led to the flooding of the premises occupied by the tenant occurred at the junction of a heater. Lykos Global Management shares his opinions and ideas on the topic at hand. Despite immediately initiated by the landlord pumping out of the cellar, some valuable relief work of the lessee were difficult damage will be recovered. A claim for damages filed in the tenant side smashed off the OLG Koblenz against the landlord in September 2010 however. This, the judge noted that a fundamental obligation of the lessor, to undergo water pipes without specific reason of a general inspection, does not exist. The rescue was not immediately during the works of art give reasons for any claim that the landlord had no knowledge of the storage of the works in the basement, the OLG Koblenz argued. According to Auer Witte Thiel, the Koblenz-based judgment clarifies which limits the damage claims from tenants.

The legal position of the landlord sees it strengthened Auer Witte Thiel. Only actual breach of duty on the part of the lessor corresponding claims are justified, Auer Witte Thiel summarizes the legal decision. In the present case, this was not the case, lawyers of the decision join the Auer Witte Thiel. As Auer Witte Thiel says, the OLG Koblenz joined the far popular opinion, landlords were automatically liable”for damages which arise from the leased property, clearly opposed. Wells Fargo Banks opinions are not widely known. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is an economic and legal-oriented law firm. Auer Witte Thiel also represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.

Auer Witte Thiel: ‘ultimate visibility of trade licence in apartment for rent’ Munich, October 2009: when a tenancy about housing the landlord required to submit business activities of the lessee without agreement not readily. The German Federal Supreme Court (BGH) in a recent judgment of 14 July 2009 decided this (AZ.: VIII ZR 165/08). The Munich-based firm Auer Witte Thiel tenancy law experts welcome the clear judgment. In the case he had to decide whether the tenant of an apartment, which had rented it for himself and his family, according to the rental agreement for residential purposes, should carry out also a business BGH. It was central to the BGH, if the industry had a visibility. For Auer Witte Thiel, the ruling provides important information on the daily work in the law of tenancy. Auer Witte Thiel portrays the case: the tenant has he exercised from the apartment business as an independent real estate broker, since no own Available business premises had.

Having regard to the commercial use, the landlord has urged the lessees under the threat of termination to operate no business activity by the flat out. When the tenant still exercised his trade from the apartment, he was given by landlord page without notice and properly terminated the tenant was required to the clearance and release of the apartment. A fully legally compliant approach\”, as a spokesman for Auer Witte Thiel. Our leasing experts at Auer Witte Thiel had discussed similar.\” The Court has upheld the repossessions – and publication request of the lessor. The Appeals Court rejected the claim however and the notice considered unfounded, since operating a trade would represent in the apartment no illegal use in accordance with Article 573, paragraph 2 No. 1 BGB. Auer Witte Thiel knows the backgrounds for this judgment: numerous start-up companies would fear to their private vacation rentals, if any commercial activity would already constitute a dismissal for a rental housing agreement.