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.