If an owner builds a pool on his property and the leaves of 90-year-old oak trees fall into it from the neighboring property, he cannot demand cost sharing from the neighbor due to the increased cleaning effort. This was decided by the Frankfurt am Main Higher Regional Court (AZ: 19 U 67/23). In the case at hand, the plaintiff had purchased her property in 2016, built an unroofed...
When buying a house that has known defects, no warranty rights can be asserted. A man who bought a house with obvious moisture damage and a necessary pump installation in the basement discovered further significant damage to the roof after the purchase. Despite the exclusion of liability for material defects in the purchase contract, he demanded compensation as he had fraudulently...
The Federal Court of Justice (BGH) recently clarified the concept of defects when purchasing apartments in old buildings in a decision (V ZR 79/23). It stated that apartments must be dry and habitable in order to be considered free of defects. This even applies to basement apartments in old buildings near a river. In the present case, basement apartments were sold that had damp exterior walls...
According to a recent BGH ruling (AZ: V ZR 241/23), condominium owners have the option of delegating decisions regarding the common property to an administrator. This applies in particular to decisions regarding the implementation of maintenance measures that the owners have already decided on. In the present case, a homeowners' association had decided to replace...
Landlords cannot simply demand higher rents due to inflation. This is the result of a landmark decision by the Regional Court of Munich I (case no. 14 S 3692/24). In this case, the plaintiff demanded consent to a rent increase that exceeded the rent values of the 2023 rent index. She justified this with an unusual increase in local comparative rents...
A tenant who blocks the driveway by parking incorrectly does not provide sufficient grounds for terminating the tenancy agreement without notice or with due notice. This was decided by the Regional Court of Berlin II (AZ: 63 S 193/23). The court classified the disadvantage caused by the incorrect parking as merely a disturbance of property and not a breach of contract. Both the termination without notice and the ordinary termination were...
During the summer months, the heat in apartments can become unbearable. In some cases, courts have approved rent reductions if the apartments have structural defects and the tenants are significantly affected by the high temperatures. Owners can protect themselves from legal disputes and financial losses by taking appropriate measures against the heat.
Property owners can optimize their tax deduction for wear and tear (AfA) with a remaining useful life report. An expert opinion can prove that the actual useful life of a property is shorter than the tax office's estimate. This makes it possible to increase the annual depreciation amounts and extend the remaining useful life.
Legal costs incurred in an action for a resolution by a homeowners' association must also be borne proportionately by the victorious plaintiffs. This was decided by the Federal Court of Justice (BGH) (V ZR 139/23). The ruling is based on the reformed German Condominium Act of December 2020, which states that all members of a community must contribute to the administrative costs of...
The city of Lübeck has fought against the unauthorized use of residential space for tourist purposes - especially in the old town - but without success. Instead, the Schleswig-Holstein Administrative Court ruled in favor of the landlords (A 158/20). The decision took into account the so-called grandfathering, under which the use as a vacation apartment was legal at the time it was...
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