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.