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for rent reduction due to surface below with specific reference to the lack of liability specified in the lease apartment size

The Federal Court has decided today that by a reduction in rent due to deviation of the actual living area of the specified in the lease floor space by more than 10% can not be considered, if the parties have clearly defined in the contract that details of the square footage of the rental property is not laying down.

The defendant is a tenant of a dwelling of the applicant in Potsdam. be

Rents "... the following areas: size of the apartment said in § 1 of the tenancy, the right apartment in the attic with 2 rooms, 1 kitchen, bathroom, hall for use as living space, the size of approximately 54.78 m². This information is not due to possible measurement errors to determine the rental property. The spatial extent of the leased thing arises rather from the URL of the leased Spaces. "

The monthly rate of rent was 390 € plus an operating advance of 110 €. The plaintiff asked the defendant to pay back rent and an additional claims from the utility bill for the year 2006. The defendant relies on rent reduction over land below and also has declared with an alleged claim for repayment of overpaid rent the set-off against the claim. In support, it relies on the actual size of the home accounting for only 41.63 square feet. The district court on the basis of expert opinion, an actual Living area of 42.98 square meters used.

The district court held the reduction in principle justified and upheld the action to be small in height. The Court of Appeals on appeal by the applicant denied a rent reduction due to living space below and sentenced the defendant to any further payment.

directed against the revision of the defendant was unsuccessful. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court decided that due to the contracts given to a reduction of rent because of a lack of living space leading divergence of more than 10 % Is forthcoming, because the data is not the size of the apartment in the rental agreement of the parties - as is regularly the case otherwise - to be regarded as binding agreement. Rather, the parties have expressly provided that the disclosure does not serve the square meter for determining the property let, to arise, the spatial extent of the leased property but from the statement of the leased premises. In this respect, this is no mangelbegründende surface deviation.

Judgement of 10 November 2010 - VIII ZR 306/09

AG Potsdam - Case of 6 October 2008 - 24 C 293/07

LG Potsdam - Case of 29 October 2009 - 11 S 200/08

Source: Press Release No. 212/2010 dated 11/10/2010 the press office of the Federal

Source: © Rainer Sturm / PIXELIO http://www.pixelio.de/

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