BGH to cosmetic repairs: the tenant may require the landlord to paint

Long-standing tenant may require the landlord to Renovate, have to be a part of the cost. A prerequisite is that the condition of the apartment has deteriorated

BGH to cosmetic repairs: the tenant may require the landlord to paint

Long-standing tenant may require the landlord to Renovate, have to be a part of the cost. A prerequisite is that the condition of the apartment has deteriorated since the catchment significantly. This was decided by the Federal court of justice (BGH) in Karlsruhe on Wednesday in two cases out of Berlin.

The judgment is on all the tenants transferable, have moved into their apartment in unrenovated. The file number of one of the two cases is VIII ZR 163/18. Tenants of unrenovated acquired homes shall not be obliged to modify it to a Supreme court ruling of 2015 at their own cost, to cosmetic repairs such as paint or Tape. Appropriate clauses in the lease may be ignored. So far, it was unclear whether in such cases, the landlord must step into the breach. The judge decided in favour of a compromise solution. The cost is to be worn, therefore, as a rule, each one-half by landlord and tenant.

the regular cosmetic repairs, there is often a dispute: Who needs Wallpaper, painting, whitewashing – the tenant or the landlord? After the trial a week ago, had emerged: The Supreme civil judges in Karlsruhe are striving to make it possible both sides are right.

Not every standard clause is allowed

as well as all of the lease agreements, the cosmetic repairs on the burden to the tenant. This is, in principle, allowed. Not every standard clause is also allowed. As tenant, relating a nonrenovated housing, do not have to renovate at their own expense. Otherwise, they would enter the apartment in the worst case, a beautiful back, as you have taken yourself.

so Far, it was unclear whether, instead, the landlord must step into the breach. Now the judges have decided on two cases from Berlin, in which the landlord had refused. The tenants were moved in 2002 and 1992, and since then nobody has brought the housing in shot.

According to the law, the landlord must leave the apartment "in a contractual use of the appropriate state" and "in this state" to obtain. Only: To the origin state, there is no going Back. The apartments are worn-out than at the beginning. The landlords would renovate would be your condition, in turn, a lot better.

Updated Date: 08 July 2020, 07:20

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