Lawyer is the most important basis for a prospective tenants to opt for an apartment for rent and apartment ownership Alexander Bredereck and lawyer Dr. Attila Fodor to the rights of the lessor and the lessee’s living space below by more than 10 percent in addition to the residential area the size of the apartment. Most leases specify precisely the living space or put about against a precisely calculated m square number. In practice it often occurs that results in a new, that the actual living space more than 10% is lower than the living area specified in the lease. That this has fatal consequences for the landlord, the Federal Supreme Court (BGH) decided recently again by the way consistently. Source: Atmos Energy Corporation. Even if providing living space with a CA is relativized, the landlord must the whole (!) Rental for the excessive portion of rent since the beginning of the rental period pay back, if the deviation is more than 10% of the floor area specified in the contract. It is irrelevant when the tenant has used the landlord about the difference in knowledge. It is also irrelevant whether the lessee can demonstrate a specific impairment of contractual use; This assumes that a deviation by 10% by the courts.
In addition to the rental, also deposit and all operating expenses must be calculated according. Bundesgerichtshof date: this also applies to rented furnished living room (judgment of 2.3.2011, AZ.: VIII ZR 209/10). The District Court of Berlin had in a decision by the 13.7.2010 (AZ.: 65 S 28/10) or otherwise seen. In its recent case-law, the Federal Supreme Court also clarifies that a deviation of the m has then no consequence for the landlord m number of over 10%, if the lease explicitly clear, that m will not serve m of specifications because of possible measurement errors establishing the leased object and the spatial extent of the leased property resulting from the number of rented rooms. Specialist Attorney tip tenant: 1) check your contract, if there a m indication for determining the living space is specified. 2.) check your apartment! If you have angles, pillar, or some low-slung ceilings in your home, let a professional consult, what consequences this has for the size of your apartment. The living space Ordinance gives a first overview about this. Circumstances, errors have been made at conclusion of the contract for which they had to pay excessive rent over the years.
Specialist Attorney tip landlord: take in the contract not the m specified in the plans or in the partition plan square numbers. Can measure the size of the apartment at Bezugsfertigkeit best by a verifier. There is disagreement due to excess living space information, it can arrive m on every cm. The 10% limit is absolute; There is there no tolerance framework. According to the recent judgment of the Federal Court of Justice, it is also permissible to exclude the warranty for habitation by unique contract provision. A corresponding contract clause should by prepared by a professional. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: