Cancellation for personal use: Financial expert explains the latest court rulings

Cancellation for personal use: Financial expert explains the latest court rulings

According to a report from www.merkur.de, there is a court ruling that protects tenants in the event of a lack of living space if the landlord declares their own use for the apartment. The Berlin Regional Court has decided that tenants do not necessarily have to move out, even if the notice of termination for personal use is effective. This was justified by the fact that it was not possible for the tenants to obtain suitable alternative living space under reasonable conditions. The continuation of the rental agreement is limited to two years, the previous net rent is increased to a standard market level and the judgment is not yet legally binding.

This judgment and the associated extension of the rental agreement as well as the adjustment of the rental conditions could have an impact on the real estate market. In Berlin, a city with a tight housing market, landlords could be more careful when it comes to terminations for personal use, as the courts can confirm that the termination is effective but at the same time protect the tenants. This could lead to a more careful handling of terminations for personal use, as landlords could fear finding themselves in a lengthy legal process if they cannot provide sufficient reasons for the termination for personal use.

In addition, tenants in similar situations could be empowered and rely on similar judgments, which could lead to landlords taking a closer look at whether their claim to personal use is sufficiently justified. This could lead to more careful handling of terminations for personal use in other cities and regions.

Overall, this ruling could lead to a change in the way landlords and tenants deal with terminations for personal use and could have an impact on case law in similar cases. It remains to be seen how this development will affect the real estate market.