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The regional court of Berlin : Old people have special protection against dismissal

Old people in rented accommodation have a Berlin court verdict, according to a special protection against dismissal. In a on Tuesday by the Berlin regional court announced a decision in the second instance, it means that the tenant by the landlord alone can rely on your old age is the continuation of the lease.

the Background is a dispute over the eviction and surrender the apartment, which was leased from the now 87 - and 84-year-old defendant in 1997. The applicant had declared 2015 the termination of the rental agreement because of own needs.

The defendant objected to the termination, with reference to their high age, impaired health status, their long-standing Rooting in the place of the leased property and for the procurement of replacement housing to limited financial resources.

action for eviction in the first instance, dismissed

The district court of the middle had already been dismissed in the first instance, the eviction action in October 2018. The appeal of the applicant was rejected.

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to order, According to the court, the defendant tenant is entitled called to the fact that the loss of the apartment - regardless of health and other consequences for tenants age a "hardship" within the meaning of the act (Clause 574, Para. 1 sentence 1 of the German civil code) means. The provision had to be interpreted with a view to the basic law-article 1, paragraph 1, and the principle of Social justice embodied in and guaranteed the value and Respect of older people. However, the judge did not, from what age tenants on the hardness of the basic "old age".

A balancing of interests in favor of the landlord come in principle only be considered "if the landlord could make serious personal or economic disadvantages for the case of the Continued existence of the rental agreement, which justified the interests of the elderly tenant, at least equal to the level of obtaining the interest," said the judge. The chamber has not approved the Revision to the Federal court of justice.

The judgment from the 12. March: Az 67 S 345/18 (epd)

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