Tuesday, July 6, 2010

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How should a dismissal of the housing lease be justified? The Supreme Court has spoken.

This BGH Ruling, Attorney Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt point explicitly.
According to § § 543, 569 IV BGB is immediate termination of a residential room rental agreement to establish such a way that it is sufficient if the landlord gives the default of payment as grounds for dismissal and estimated the total amount of arrears of rent.

In support of dismissal on any previous rent arrears, the Supreme Court in its recent decision, a landlord must ensure that the tenants the notice itself and can personally verify the basis of the landlord and identified specific residues indicated that the notice is actually justified.

Very important:
However, you should have a termination of your lease (with an annual contribution of 47 €!) Assisted by the tenant can check eV. It may also be present formal error, you may notice is ineffective.

Case of 12 May 2010 - VIII ZR 96/09
AG Leipzig, Judgement of 30 Juni 2008 - 167 C 5138/07
LG Leipzig, Judgement of 18 March 2009 - 1 S 372/08

tenant assistance eV
counseling Aschaffenburg
adhesive 6-8
63739 Aschaffenburg Phone: 06021/365816

tenant assistance eV
counseling Dieburg
stock Strasse 49
64807 Phone: 06071/9816816

BSZ ® - Top List rental and condominium law

Photo: lawyer Dirk Witteck, head of the counseling centers Aschaffenburg and Dieburg
of tenant assistance eV


Friday, July 2, 2010

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The landlord may, at several tenants an additional payment of only one of the tenants ask!

would like in this Supreme Court decision, lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt point explicitly.

The Supreme Court has ruled that a landlord is not required to mature a position associated costs for additional claims of an expired accounting year in accordance with § 556 III BGB all tenants of the rented deliver a utility bill. The Senate was of the opinion that the landlord may seek the essence of joint and several liability in § 421 BGB only a tenant to make payments of operating costs. The issuance of the annual bill was intended solely as a condition of maturity § 556 III BGB and should not be uniform and exhaustive with respect to all tenants.

eV Note of tenants assisted
course, a charge settlement then only the lessee due, has received such a settlement. Of course, a tenant of one or more co-tenant (eg a flat) demand compensation in the inner relation.

Very important:
However, you should have your charge settlement (with an annual contribution of 47 €!) The tenant assistance check eV. It may also be present formal errors as possible is a claim for additional payment the landlord in your case, and even all over and done?

Case of 28 April 2010 - VIII ZR 263/09
AG Pankow / Weissensee - Case of 6 May 2008 - 9 C 460/07
LG Berlin - Case of 16 June 2009 - 65 S 323/08

tenant assistance eV
counseling Aschaffenburg
adhesive 6-8
63739 Aschaffenburg Phone: 06021/365816
http://www.aschaffenburg-city.de/

Photo: Dirk Witteck lawyer. Head of the Information Centres of the Tenants Association assisted in the regional court districts of Aschaffenburg and Damstadt.

tenant assistance eV
counseling Dieburg
stock Strasse 49
64807 Phone: 06071/9816816