Lawyers Auer Witte Thiel Auer Witte Thiel lawyers have many years of experience in the leasing of Munich, in February 2010: A new BGH judgment confirms the experience Auer Witte Thiel with regard to the distinction between surface and living space in the rental agreement. “The judgment of October 21, 2009 (AZ: VIII ZR 244/08) States that the term of rental space” is not unique to treaties and are therefore at the expense of the lessor. Auer Witte Thiel’s experience also shows that a small area such as attic flats entitles the tenant under certain circumstances to reduce. Auer Witte Thiel has decades of experience in the law of tenancy as a law firm for many residential construction companies and property managers. Background of the BGH ruling is the action of a tenant against his landlord: before the excerpt came from his attic flat after deducting the roof slants on a floor space of 54,27 m in the lease the lessee were specified, however, 61.5 m m of living space. Then he called Tenant a refund of the rent paid too much during the rental period in the amount of 1.694,19 euros including interest, so Auer Witte Thiel. District Court and District Court have rejected the claim of the lessee.
The revision of the plaintiff before the German Federal Supreme Court (BGH) had success against. “Justification: the term rental area” is not legally clear. “From a legal point of view, a clear distinction between surface must always in the lease” and living “be made, including the experience of Auer Witte Thiel. As this inaccurate wording will go the judgment at the expense of the lessor the judgment must according to the BGH on the interpretation cheapest for the tenants”interpreted and therefore entitles him to the reduction of in rent, informed Auer Witte Thiel. Therefore, also the statutory provisions usual experience of Auer Witte Thiel shall apply in the event of a reduction in rent: lease contracts entered into before 1 January 2004 as in this case, are basically for the calculation of living space according to this Regulations sections 42 to 44 II. BV to consult the.
The living area is non-now by more than ten percent of the area specified in the rental agreement, the tenant for a rent reduction is entitled. The living area is 54,27 square meters according to Auer Witte Thiel in this case and differs thus by more than ten per cent of the area specified in the rental agreement by 61.5 m m. Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. The specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities for decades in the area rental, real estate and construction law.