No additional limit at "about" addition. The Federal Court has decided on 13/03/2010 that in calculating the rent reduction due to shortfall in the rental agreement the designated floor space is also taken into account then no additional tolerance threshold, where the floor area specified in the contract a "ca" additive contains.
The plaintiffs were tenants of an apartment until the end of 2007 the defendant in Aachen. The apartment size is in the lease with "100 m" is specified. The monthly rate of rent was last around 500 €. In January 2008, called for the tenant to the landlord to repay in the years 2002 and 2007 unpaid rent and justified this by saying that the apartments have only a floor space of 81 square meters.
The district court ruled in favor of the repayment of € 6,800 directed action in part and dismissed the remainder. The appeal of the tenants rejected the district court and thereby take the view that the reduction is not from a living area of 100 square meters, but in regard to the "about" entry The Treaty does from an area 95 square meters to be calculated.
directed against the revision of the tenants were successful. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that the relativizing suffix "ca" for the calculation of the rent reduction (§ 536 para 1 BGB *) shall have no meaning. The reduction is to compensate for the reduction of serviceability.
follows that the amount of the reduction amount shall be equal to the circumference of the deficiency. The defect lies in the fact that the living space more than ten percent of the specified number of square meters is different. Thus, the Federal Court confirmed its earlier rulings that the deviation from an agreed upon as a quality living space by more than ten percent to the detriment of the tenant constitutes a reduction to the qualifying defect.
This applies to the case law of the Federal Court, even if the lease to the size of floor space contains only one "about" statement (see, eg, Judgement of 22 April 2009 - VIII ZR 86/08, Press release No 85/2009).
with its latest decision makes clear that the relativistic addition of "approximately" also in the calculation of No additional reduction tolerance threshold (as in this case by the district court accepted five percent) justified. The case has been remanded to the district court, because more observations are taken for the actual size of homes, taking into account a terrace area.
* § 536 BGB: rent reduction for material and legal defects - If the leased property at the time of delivery to the tenant a defect that would cancel their suitability for contractual use, or arises during the rental period, such a defect, the tenant for the period in which the fitness is repealed, exempted from the payment of rent. For the period during which the fitness is reduced, he has to pay only a reasonable bargain rent. Minor reductions in fitness is not considered.
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