Business Rents for Residential Purposes

A global company rented a house for one of its managing directors. Which set of rules apply when the apartments are to be vacated? Those for office spaces or those for private tenants? As is surely known, it is the private tenants who enjoy a higher standard of "protection" vis a vis the landlord? The BGH answered this question with its judgment of July 16, 2008 (re VIII ZR 282/07).

Can Landlords Sue for Future Rent

Normally you can only sue somebody when your claim has matured. In this case, the BGH (re VIII ZR 146/10) decided on May 4, 2011 on a case, where a landlord was so bold to sue for rents maturing in the future. What do you think the court decided?

Constructor must Intervene in Case of Known Deficiencies

When you build yourself a house, many dangers and responsibilities will arise – usually more then expected and especially wished. This article will explore civil and penal consequences of an unsecured construction site.

Frozen Heating Pipes: Is the insurer liable for water damage?

BGH gave in its judgment from June 25, 2008 (re IV ZR 233/06) proprietors and landlords some clarity how often they have to check the heating pipes to be entitled to insurance coverage in the case of frost damages. When it is cold, the insured must check their pipes “often enough”, according to the BGH. But when is this the case?

Karlsruhe Affirms Real-Estate Tax

Too bad  Karlsruhe did not rule real-estate tax as unconstitutional.

Landlord has to Separately Store Security Deposit of Commercial Renter

OLG Nuremberg of February 23, 2006 (re 13 U 2489/05). A tenant won a law suit in which he was initially sued; the landlord had been required to separate a deposit in cash from his own assets.

Obligation to Strew Sand

All house owners are responsible for keeping the sidewalk in front of their premises clean from snow and safe. Supposing you fail to do so and somebody passes your house, slips and injures himself, you will be liable for his damages. If you are the tenant, you are only then responsible for removing snow if your rental contract so says. The municipality is usually responsible for keeping the streets clean. The streets with most importance will be cleaned first while little streets only important for residents might not be cleaned at all. The OLG Thuringia defined the prerequisites on September 22, 2004 (re 4 U 793/04) more exactly for strewing sand on sidewalks inside of town.

Oops. Wrong Skin Color? Manager is Liable for Discrimination of Prospected Tenants

Can the manager or the owner of real estate be held liable for pain and damages when he denies to rent to a prospective tenant exclusively on this person's skin color or foreign origin. This article reports on the judgment of OLG Cologne of January 19, 2010 (re 24 U 51/09).

Responsibility for Beaten Tracks

Like every working day, Jack takes a shortcut on a beaten track to reach the bus to take him to work. This beaten track is located on private premises of men-crazy Jill. One fine day as he was walking on that path, he caught a glimpse of Jill in the window and could not turn away his eyes. He stumbled, fell, broke an arm, and sprained an ankle. He now wants to collect damages from Jill.

Saving Landlord Costs When Executing of an Eviction Order

On August 18, 2005, the BGH (re ZB 135/05) upheld the long term practice of saving landlord costs, when enforcing an execution order for rental premises.