Can Pleurisy Last A Year Or More

right of retention due to defects of the dwelling requires prior deficiency indication.

The Federal Court has today ruled that the tenant because of a lack of housing, of which the landlord has no knowledge of retention can claim only to the rents that are due after the tenant to the landlord the lack have occurred.

The defendants are tenants of an apartment of the plaintiff in Berlin-Zehlendorf. They paid for the months April, June and July 2007 and in May 2007 not only part of the rent. By letter dated 5 June 2007, the plaintiff said the dismissal due to late payment. The defendants objected to the dismissal by letter dated 14 June 2007, an indication of a mold infestation in several rooms.

The plaintiff seeks his action, including evacuation and surrender of the apartment. The district court has upheld the eviction action. The district court has amended the first-instance verdict, and the eviction rejected, it has meant that tenants are not paying the rent in default, because they have allowed notwithstanding the absence of indicator of mold a right to eliminate this defect and they could rely on a consequent end to withhold the payment of rent .

directed against the revision of the plaintiff was successful and resulted in restoration of the first instance eviction appeal. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that a lien on the defendant's rental payments to them for a period prior to the display of - the landlord not previously known - mold infestation of the home debt, can not be considered. The lien of § 320 BGB * is used to the debtor (in this case the landlord) to exert pressure to fulfill its obligation. As long as the owner of a deficiency is not known, it may not satisfy the lien to it's function, causing the owner to remove the defect. A retention of the tenant is therefore only after the notification of the defect due for rent.

* § 320 BGB: defense of breach of contract

(1) Who made a mutual agreement is required, the performance owed by him to refuse to effect the return, unless he is obliged vorzuleisten. (...)

Judgement of 3 November 2010 - VIII ZR 330/09

AG Schöneberg - Case of 5 December 2007 - 12 C 368/07

LG Berlin - Case of 6 November 2009 - 63 S 8.17

Source: Press release from 11/03/2010 the press office of the Federal

Source: © Thorben Wengert / PIXELIO http://www.pixelio.de/

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