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BGH: neighbors may not prohibit vacation rentals

An apartment owner wants to rent out to holiday guests - the Assembly forbids this, but the majority of. Decided to injustice, the Supreme court. This is an imp

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BGH: neighbors may not prohibit vacation rentals

An apartment owner wants to rent out to holiday guests - the Assembly forbids this, but the majority of. Decided to injustice, the Supreme court. This is an impermissible intrusion into the property rights.

The specific case that plays in Papenburg in lower Saxony, Germany: a house with several apartments. A woman wants to rent their apartment to holiday guests. However, the other owners are against it. One of them explains, why:

"In the case of a short-term rental, we have concerns that at some point in the house the security can be compromised. We want to know who is in the house. We want to know, want people who are logged in to the police. The property management should know them also. Because Yes it can happen, that people would come, we would not see so much."

two years Ago, the owners at a meeting with a three-quarter majority that short-term rentals should not be allowed. Then the woman who wants to rent their apartment to holiday guests complained. Of the lower courts, you got right, and now also by the Federal court of justice (BGH). Decided: the decision of The owner is unlawful and thus invalid. Each individual apartment owner must be assured that the use of his apartment would not be restricted without his consent.

The rental of a short-term rental of a condominium of holiday guests may not prohibit, according to the BGH, an apartment owners ' Association.

property rights under the basic law-protection

In its judgment, the Supreme court, it is evident that a very much protected right: the right to property, is under the protection of the basic law. Therefore, the majority of the owners must not impose a Single, easy to their will, as the presiding judge of the fifth civil Senate, Christina Stresemann.

"A rental ban therefore requires the consent of all apartment owners. Also the rentals of short duration or of a certain type - for example, the rental as a holiday or apartment - can only be with the consent of all apartment owners is forbidden."

As guests to defend against unwelcome holiday?

According to the court, can defend the home owner is in any other way against unwelcome holiday guests. "It is, for example, by the short-term rental to interference, due to Overcrowding, continual violations of the rules of the house or noise nuisance to other apartment owners injunctive relief against the rent special owner in accordance with § 15, paragraph 3, of the WAY".

Already in 2010, the Supreme court had decided in a landmark ruling that apartment owners have the right to rent their apartment to holiday guests. Important: you must separate the so-called "prohibition of misuse", which played no role: the municipalities in which the housing shortage can limit the Rent to holiday guests or. In such cases, you speak of a prohibition of misuse, which are then bound to all the apartment owners in the municipality.

(reference: V ZR 112/18 )

Airbnb - a System out of control?, 19.07.2018 T |video Atlas |Germany |Karlsruhe

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