Actual Pregnancy Dilation Chart

for rent reduction due to surface below in a rented apartment

The Federal Court has today adopted a decision to rent reduction due to surface below of more than 10% for a furnished apartment rented taken.

The applicant is a tenant since 2006, fully furnished and equipped with comprehensive household residence of the defendant in Berlin. The monthly rate of rent is 560 € add to get a pre-heating 15 € and a current advance payment of 25 €. In the lease, the size of the apartment with 50 m² is specified. The actual living space is only 44.3 square feet. The applicant holds because of the surface deviation of 11.5% a reduction in the rent of an equivalent amount to be justified and demanded by letter of May 2009, a partial repayment of the rent for the rental period in the amount of € 1,964.20. The defendant says that the rent was to furnish the apartment were taken into account, so the rent was only reduced by a total of € 736.58. This is the amount he has reported to the plaintiff.

With his action, the defendant took the plaintiff to pay the remaining amount to complete. The district court allowed the claim in the amount of € 288.22 and dismissed the remainder. The district court dismissed the appeal against that addressed by the applicant.

directed against the revision of the plaintiff was successful. Who among other things, the Housing Tenancy competent Eighth Civil Division of the Federal Court held that a lack of furniture in the form of a deviation of the actual living area of the contracted floor space of more than 10% of the tenants even in rented apartments to a reduction of rent in proportion entitled in which the actual living space is below the agreed floor space. That emanates from a living space below the restriction of the possible use of the rented housing is not to quote so low, because the need for a financial management furnishings can be despite the lower living area completely accommodated in the apartment.

Judgement of 2 March 2011 - VIII ZR 209/10

AG Charlottenburg - Case of 17 Dezember 2009 - 211 C 334/09

LG Berlin - Case of 13 July 2010 - 65 S 28/10

Source: Federal Communication No. 035/2011 from the Press Office 02/03/2011

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