Auer Witte Thiel: Federal Supreme Court limited notice obligations of the lessor Munich March 2011. VIII. clarified with a recent decision civil Senate of the Federal Supreme Court Auer Witte Thiel according to the consequences of the failure announcement obligations of the lessor. Tenants are obliged to the payment of rent increases, therefore even when previously no announcement of the underlying conversion or modernization measures is done. The decision of the BGH strengthens the legal position of lessors according the lawyers Auer Witte Thiel. Auer Witte Thiel report the end of a multi-year dispute. Rent increases can be not only this out, that the landlord of his prior notification requirement fully has complied.

This judgment comes the VIII. civil Senate of the Federal Supreme Court in a recent decision and the revision of a plaintiff against the previously so that rejects decision of the District Court. Background of the current dispute is the installation of an elevator in a multi-storey residential building first in writing had been announced by the landlord. Due to the objection of the defendants, the landlord withdrew the announcement of modernization measures in February 2008, had nevertheless built an elevator. Letter in September 2008, the landlord decided an increase in the base rent of 338,47 euros to 120,78 euros as a result of the costs incurred by the elevator installation. However, the defendant refused to pay, so the landlord on payment for the months June complained to August 2009 the increase in rent.

The competent District Court dismissed the action, the Court then called by the landlord but upheld the complaint. Against this decision, the defendant subsequently had inserted revision, was defeated but now before the Federal Court of Justice. To establish the VIII. civil Senate of the Federal Supreme Court stated that a rent increase is not alone therefore excluded because no announcement BGB was preceded by the implementation of the modernization measures according to section 554 para 3. So the purpose is the Prior notification requirement is to allow the tenant to set the conversion work, or to make use of his special right of termination. However, it is not the purpose of the prior notification requirement to restrict the powers of the lessor, if it involves para 1 BGB the apportionment of the costs of modernisation to the tenant pursuant to 559, Auer Witte Thiel summarize the rationale of federal judges. According to the lawyers of Auer Witte Thiel strengthens the legal position of the landlord’s decision and ensures greater legal certainty in the case of modernization costs fair to. Among other things specialises in the law firm of Auer Witte Thiel tenancy law and represents property owners nationwide in legal matters. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.