Good advice

The state of Berlin has now finally failed in its attempt to protect houses from privatization by exercising its right of first refusal in a so-called milieu protection area in the Tempelhof-Schöneberg district. The Federal Court of Justice (BGH) has issued a ruling to this effect (III ZR 217/20). This shows that the appeal against the non-admission of the appeal was rejected.

Real estate may no longer be paid for with cash, precious metals such as gold and silver or diamonds. In addition, a real estate transaction database based on information from notarial deeds is to be created in the near future. The measures are intended to combat crime and money laundering. In addition, foreign companies that acquire real estate property in Germany are...

A case in which a bunch of grapes played a decisive role has now made it to the Federal Court of Justice (BGH) (VI ZR 1283/20). In November 2018, a customer wanted to go shopping in a furniture store in Kiel. She slipped on a bunch of grapes lying on the floor, fell and suffered such serious injuries that she ultimately had to have a hip endoprosthesis implanted...

If the eviction of a mentally ill tenant would lead to suicidal intent, the landlord must continue the tenancy for an indefinite period. This has now been decided by the Federal Court of Justice (BGH; case reference: VIII ZR 390/21). In this case, an owner wanted to terminate his tenant's lease on the grounds of personal use in order to combine two apartments for himself and his partner and thus prevent him from...

BHW-Bausparkasse may not charge an annual fee during the savings phase of home loan and savings contracts. This was recently decided by the Federal Court of Justice (BGH, AZ: XI ZR 551/21). In this case, the Federation of German Consumer Organizations (vzbv) had filed a lawsuit against the building society in question. The building society had demanded an annual fee of 12 euros from its customers with a building society account. Wrongly, as the BGH...

A property seller cannot necessarily be held responsible for the remediation of a property if contaminated sites are suspected there. This is because it is necessary to check in advance whether the soil is actually contaminated. This has now been decided by the Federal Court of Justice (V ZR 213/21) and therefore referred the case back to the Munich Higher Regional Court (OLG). In the case in question, a...

When tenants move into a new apartment, they automatically receive electricity from a basic supplier - unless they opt for an optional supplier. But what happens if a tenant has opted for an optional supplier, but the meter numbers of two neighboring apartments are mixed up? The Frankfurt am Main district court has now ruled on this. In the case in question, the...

Even if an owner is not responsible for pests on her property, she must combat them and bear the costs. At least that is what the Berlin Administrative Court has now ruled (VG 14 L 1235/22). In this case, an unknown person had provided rats with food and drink on a property in Berlin-Reinickendorf. The rat infestation had been reported to the public health department and...

The Siegburg district court doubts the accuracy of the 2021 rent index in Troisdorf, North Rhine-Westphalia, and has instead set a different net comparative rent for an apartment with the help of an expert. In this case (case no. 123 C 60/21), a landlord wanted to increase the rent for his 78 square meter maisonette apartment from around 560 euros (7.18 per square meter) to...

Private landlords may not recklessly rent out their property to relatives at an exorbitant rent. This has now been decided by the Frankfurt am Main Local Court (AZ: 940 OWi 862 Js 44556/21). In this case, a private landlord had rented out his 53 square meter 2-room apartment to his cousin and his cousin's family for 810 euros per month. The local comparative rent was allowed to...