BGH to own requirements: courts will have to consider cases of hardship, exactly

Sign the landlord's own needs, have to get the tenant out of the apartment. Unless you are too old or too sick. Such cases of hardship have to check the dishes thoroughly, decided by the Federal court of justice.

In the event of termination due to own needs should not judge the courts in the respective proceedings in a lump sum. The Federal court of justice (BGH) decided in Karlsruhe, Germany. Accordingly, courts need to clarify exactly whether or not a hardship exists.

In certain cases, have to ask the courts for a reviewer. This is according to the BGH necessary, if the tenant makes a deterioration in his health and a medical certificate is submitted. The judges in Karlsruhe lifted two sentences and threw the courts to have the cases of hardship not thoroughly enough tested.

plaintiffs get right to

in order for a landlord with his Revision was, in one case, successfully. The father of a family had signed up for his Berlin apartment own needs. The 80-year-old tenant should move out after 45 years - in spite of the high age and dementia disease. If the woman must leave the apartment now, depends on whether you can prove, in a new process of negative health consequences in the case of relocation.

In the second case, the Supreme court decided Anhalt in favour of the two tenants of a detached house in Kabelsketal in Saxony-Anhalt. The owner wanted to move in with her boyfriend - originally to be the patient's grandmother closer, but died in the meantime. The tenant held a move for health reasons but for unreasonable. Here, too, a new process has to clarify, how to move on the sick, and the tenant would have an impact.

a Lot of captive terminations

According to the German tenants Association (DMB) is a captive of the most common reason for termination. Managing Director Ulrich Ropertz of 80,000 cases. "The courts have softened in the last few years, the own use criteria greatly." However, the owners ' Association Haus & Grund Germany warned against "one-sided propaganda".

file number: VIII ZR 180/18 and VIII ZR 167/17