Judgment: Severe illness can prevent housing clearance

BGH: Courts have to check the case of a hardship in case of renouncement
Karlsruhe( jur).Landlords can not simply put a tenant in front of the door in the event of imminent serious health problems. If a tenant, after receiving a personal demand notice, indicates that he or she is exposed to the risk of serious health impairments or even a life-threatening situation, a court must examine these matters carefully and with an expert's advisory board, judged the Federal Court of Justice in Karlsruhe on Wednesday 15 March 2017(Az.: VIII ZR 270/15).

In the now decided dispute, it was about a pensioner couple, who has rented a three and a half-room apartment in a multi-family house since 1997.The far over 80 year old man is very limited health. He also suffers from an onset of dementia. His still ardent wife takes care of him.

( Picture: pololia / fotolia.com)

However, the landlord claimed his own needs and announced the lease. The four-member family of his son, also living in the house, needed the additional space. After the death of the landlord, the heirs followed the rescission of the deceased landlord.

The tenants claimed hardship cases why they could not get out of their rented apartment. A move would aggravate the dementia of the man, as he was torn from the habitual environment. In the event of a loss of the apartment, there would be no alternative to the old nursing home. The wife explained that she would then either be separated from her husband or would also have to go to the nursing home;she did not want either.

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The Landgericht Baden-Baden claimed that a move in the dementia-affected man was actually associated with an imminent health deterioration. Nevertheless, the interest on the landlord had priority. The cramped living conditions of the son were unacceptable.

However, the court did not deal with the hardship cases of tenants in the necessary manner, the BGH ruled. Precisely in the event of imminent health problems or a serious danger to life, courts are required to examine these cases of hardship and, if necessary, to seek expert assistance. The expected severity of possible health impairments and further consequences of a relocation would have to be assessed.

The district court did not comply. Therefore, further facts should be taken on the specific case, according to the BGH.He referred the case back to the Landgericht Baden-Baden.fle / mwo

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