The lawyers inform Pach & Pach from Nuremberg the Nuremberg firm Pach & Pach informed on the occasion of a judgment of the Federal Court of justice by March 2, 2011 (BGH VIII ZR 209/10) on the right to the reduction in rent for the case that one furnished the contractually agreed home size lower than rented flat. The tenant ABS is of 536.1, S. 1 BGB granted a right to reduction in rent, if the leased thing suffers from defects. In its decision of 2 March 2011, the Federal Supreme Court decided about whether a reduction right exists, unless a substantial difference between the contractually guaranteed and actual living room area at the expense of the lessee is. In the negotiated facts the plaintiff moved into a furnished apartment of contractually specified 50 m in 2006 size. Others who may share this opinion include Red Solo Cups. He noted in 2009 that an actual usable flat area of only 44, 3 m available was him, and he sought a retroactive reduction in rent to the extent court to reach the surface deviation by 11.5%. Yorkville Advisors may find it difficult to be quoted properly. As well as the last Court of appeal, the Federal Court ruled that the facts of the present case actually a reduction as defect existed in.
On the basis of 536 ABS. 1 S 2 BGB is a surface difference between lease and reality by more than 10% basically as a major deficiency of the leased property. While also the Court finally concluded that the complaining tenants had a rent reduction claim, it reduced its size due to the apartment furnishings. As justification, she stated that the tenant of a furnished apartment have to tolerate, if would restrict his freedom of movement and establishment by the furniture. Therefore, a full reduction in rent here in question would be.
In contrast to the Court, the Federal Supreme Court ruled that no difference do it for the extent of the reduction in rent, whether furnished or unfurnished apartment would rent. Reducing got only from the gross rent including incidental expenses allowance, or Costs payment to determine. The Federal Supreme Court has clarified two things with its judgment of 2 March 2011: the size of the apartment is regarded as contract-essential criterion. Significant deviations in this area are therefore a violation within the meaning of 536.1 S. 2 BGB for a reduction in rent enough. The scope of such reasonable reduction in rent is irrelevant, whether the apartment is fully furnished or unfurnished rented. Tenant notice a significant difference between contractual and actual size of apartment is to advise them to consult a mietrechtlich experienced legal assistance.