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09.06.2010 has the 8th Civil Division of the Supreme Court held that tenants may be required under a tenancy agreement but to carry out cosmetic repairs. The landlord, the duty owed by him but only so pass on to the tenants, as they must be afforded the right to carry out minor repairs themselves.
In the case decided by the Supreme Court stated in the lease there, "to be executed!"
The tenant should then be forced tenancy agreement that you have them in camera Selbstvornahmemöglichkeit, the work required by third parties (subject firm). The
is the BGH now oppose it.
If the tenant the option of making the cosmetic repairs on their own power - if necessary by consulting relatives and acquaintances taken, the passing of this work an unreasonable deprivation of the tenant dar. cosmetic repairs are - whether they are the tenant or the landlord must carry out - only professionally in average kind and quality to perform. This does not necessarily require the retention of a professional firm.
Judgement of 9 June 2010 - VIII ZR 294/09
AG Munich - Case of 9 Dezember 2008 - 453 C 4014/08
LG München I - Case of 30 September 2009 - 15 S
6274/09 (published in NJW 2010, 161)
Therefore, the tenant must advise counsel:
Let your lease necessarily illegal clauses and obligations in a counseling center in rental assistance check eV. Only you can protect yourself against unauthorized use by your landlord. Keep in mind also that are chosen just in the so-called beauty staring repair clauses, and the maturity of leases often illegal agreements by landlords.
Photo: Dirk Witteck lawyer, head of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt
tenant assistance eV
Help Desk
Aschaffenburg Aschaffenburg district for the LG
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Phone: 06021/365816
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64807 Phone: 06071/9816816
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