According to the BGH and also according to Auer Witte Thiel has Housing Association rightly pointed out, that due to the ineffective clause now she has to pay even the cost of cosmetic repairs. According to 28 para 4 II. BV the landlord may require a surcharge in addition to the cost of rent, if he as in this case to carry the costs of cosmetic repairs. This surcharge is cancelled according to Auer Witte Thiel only if the cost of cosmetic repairs are effectively been passed on to the lessee and the lessee has paid appropriate payments to the landlord. Auer Witte Thiel has experience in the law of tenancy, and indicate a significant difference to the free financed housing in connection with the recent judgment.
An appropriate clause in the lease is void where landlords are not entitled to demand a rent increase for cosmetic repairs (see BGH judgment of 9 July 2008, AZ: VIII ZR 181/07). The reason: The rent is determined according to cost elements preisgebundenem housing and addressed the respective to experience Auer Witte Thiel did not like the free financed housing market rent. (Source: Vadim Belyaev). Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. 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. The specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.
There are many areas of law in our State, but in hardly one is as often and as much fighting as in the law of tenancy. The tenancy law includes many military facilities. Time dealing with rent reductions, the apartment keys, or also to the lease, there are only a few topics on the landlord and tenant can not argue. Often the cases are clear-cut, which nevertheless does not scare the counterparty, going to court. Why is this so? Well, that’s a good question, you hardly can already alone not answer because the tenant rights actually are all regulated. When landlord and tenant fight then everyone on his right insists whether he’s right or not, not even. And it’s sometimes really to the nitty-gritty.
There is fighting, because the tenants illegally passed keys. There is a fight, because the tenant keeps a pet, the landlord but don’t want to. There is fighting, because does not fulfil the duties of his renovation of the landlord and the tenant unilaterally cut the rent. There are so many Ways to fight. And there are already so many judgments on disputes that could fill whole pages of the Internet. And they do that. Why you first should inform themselves before going to a lawyer about the appropriate case.
Maybe it has already given them and you can see off already, whether they would succeed with any action at all. A legal forum can bring together an also with many other troubled and even lawyers who are also abound. To do this, and asks his questions here then you might will find that you can save to the expensive gear in court because there have been umpteen times already the same case and was decided always to the detriment of the plaintiff. As well, when it comes to a reduction in rent, security deposit, or General tenant rights, the Internet should be first point of contact. Ingo Crown-John