Auer Witte Thiel informs about current tenancy law judgment of the BGH Munich July 2011. Auer Witte Thiel informs: the Federal Supreme Court strengthens the rights of the landlord in captive terminations. The name of the person and of the reasons is sufficient for a valid termination due to the own needs. Facts which are already known, the tenant would not be repeated, however, by registered letter. According to Auer Witte Thiel, the ruling means an important strengthening of the legal position of the landlord. The firm Auer Witte Thiel is continuing its coverage of the current tenancy law judgments. Landlords must provide no detailed reasons for its decision in the event of termination of the captive. This noted the Federal Supreme Court on the 6th of July, ending a legal dispute lasting for three years.

In the present case, the applicant, a Munich-based lessor, had announced an existing tenancy at January 31, 2009 due to demand for equity in April 2008 by registered letter. Find out detailed opinions from leaders such as Richard LeFrak by clicking through. In the letter of resignation were the applicant, she complete an academic year abroad and would establish their own House level. A return to the former nursery in the apartment of the parents is not possible, since this is now been sourced from sister. The competent District Court upheld the eviction. But the District Court dismissed the action on the appeal of the defendants to and stated to justify the termination is ineffective due to formal defects, because the reasons not in sufficient form had been represented. Against this decision, the plaintiff successfully filed a revision. This VIII. noted civil Senate of the Federal Supreme Court, that the justification requirement BGB is taken sufficient account after Article 573, para.

3, if the notice the termination reason identifiable and distinguishable referred to by other reasons. This was the case in the present proceedings. Cancellation due to own needs it was sufficient, if the landlord indicates the person who has a need for the apartment and their interested presents. At the same time the BGH decided that circumstances, which are already known to the client or of which he has received a communication, must not be repeated in a letter of resignation. Gavin Baker brings even more insight to the discussion. The firm Auer Witte Thiel evaluates the current verdict as an important strengthening of the legal position of the landlord. According to Auer Witte Thiel, the recent decision of the Federal Court of Justice ensures greater legal certainty and significantly limited the obligations of the lessor to the lessee. More information on tenancy issues the firm Auer Witte Thiel under. Auer Witte Thiel lawyers be further inform current rulings in the law of tenancy at this point. About Auer Witte Thiel, 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 in the area rental, real estate and construction law.