Berlin Regional Court, judgement of 25.05.2020, Ref.: 67 S 345/18
Facts
CANCELLATION FOR PERSONAL USE OF A TENANCY THAT HAS EXISTED FOR DECADES
The landlady sued her tenant for eviction and surrender of a flat. The landlady gave the tenant several notices of termination for personal use. The defendant objected to the notices of termination with reference to her advanced age, her impaired state of health and her roots in the location of the rented property. She demanded that the landlord procure replacement living space that met her financially limited means. The local court dismissed the action for eviction after obtaining an expert opinion on the consequences of the termination for the defendant. In addition, the plaintiff claims that the defendant insulted her, which led to the termination shortly afterwards. The plaintiff is now appealing against the judgement of the court of first instance.
Decision of the Berlin Regional Court
The regional court ruled that the appeal was unfounded. The plaintiff was not entitled to an eviction or surrender claim, as none of the notices of termination still in dispute had terminated the tenancy between the two parties. Due to the defendant's objection, a continuation of the tenancy was ordered for an indefinite period because the termination of the tenancy would mean particular hardship for her, her family or another member of the household, which could not be justified when the legitimate interests of the landlord were taken into account. In addition, further consequences such as economic, financial, health and family disadvantages, which do not have to be certain, would also arise for the defendant as a result of the termination of the tenancy. Above all, the health aspect is at the centre of the present case, because a move would cause considerable stress, which could lead to serious damage to health. Therefore, the need to procure alternative living space is also beyond question. This also constitutes a particular hardship due to the advanced age of the defendant and her roots in the location of the rented property.
OLD AGE AND ROOTS AT THE LOCATION OF THE LEASED PROPERTY ARE ALREADY SUFFICIENT TO ESTABLISH PARTICULAR HARDSHIP
The BGH has made it clear that tenants can not only invoke a "reason for hardship" due to possible damage to their health, but that the advanced age of the tenant and his longstanding roots in the location of the rented property alone are suitable in individual cases to justify a particular hardship for the tenant.
DEEP ROOTS ALREADY ESTABLISHED THROUGH LONG-TERM TENANCY
In addition, a deeper rootedness to the location of the rental property is required. This is therefore to be affirmed due to the duration of the tenancy of several decades. In addition, all necessary shops, doctors' surgeries and the defendant's circle of friends are within walking distance of the rental property. Thus, it was clearly evident that the defendant was deeply rooted in the location of the rented property. In addition, there is no living space in the neighbourhood that would be affordable for the 87-year-old.
offence against human dignity
The adverse effects on the defendant in the event of the loss of her home would be equivalent in extent to a violation of her human dignity, which is protected by Article 1 I of the Basic Law. The state is obliged by the principle of the welfare state to maintain the basic conditions of individual and social existence, thus also granting a minimum subsistence level in order to constitute a human existence.
The termination due to the alleged insult of the plaintiff by the defendant was ineffective due to the formal ineffectiveness of the notice of termination, due to the insufficiently defined reason for termination.
The appeal lodged by the plaintiff is therefore unfounded.
Source: Berlin Regional Court
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