Local court Neustadt/ Rübenberge, judgement of 28.10.2020, Ref.: 41 C 961/19
Time and again, disputes arise between tenants and between tenants and landlords regarding compliance with quiet periods or because of insults or threats. This is also the case in the Neustadt/Rübenberge district court
Facts
Use of the washing machine during rest periods
There was a long-term tenancy between the tenant and the landlord. The tenancy agreement for this tenancy included house rules that stipulated quiet hours from 10 pm to 6 am and 1 pm to 3 pm. The landlord was made aware by other tenants of disturbances of the peace within the quiet hours caused by the defendant or by the use of her washing machine. The landlord warned the defendant several times for disturbing the peace of the house, stating that further misbehaviour of this kind could lead to termination without notice. After eight months of repeated warnings, the landlord served the tenant with a notice of termination without notice due to the disturbance of the domestic peace caused by the failure to observe quiet hours and insults to other tenants living in the building.
When the defendant did not move out, the plaintiff sued the defendant and requested that the defendant be ordered to vacate and surrender the flat.
The defendant applied for the claim to be dismissed and, in the alternative, for protection against eviction. The defendant also claimed that she had not used the washing machine after 10 pm after the first warning. Furthermore, she had not offended any of the neighbours and had behaved in accordance with the contract.
Judgement of the Neustadt/ Rübenberge Local Court
The Neustadt/ Rübenberge Local Court ruled in favour of the plaintiff. Several tenants and neighbours stated that they had been insulted by the defendant. Among others, they were heard as witnesses to the case and appeared credible to the court, as they themselves also admitted to having insulted the defendant back after the first insult. Among other things, the defendant insulted a neighbour as a "fat pig". Other tenants had even toyed with the idea of moving out because the relationship in the house was so damaging to the domestic peace due to the defendant's behaviour. However, moving out would not be possible due to the financial situation of these tenants.
Insult constitutes a breach of contract
Insults of this kind would be considered a criminal offence pursuant to § 185 StGB and would therefore constitute a breach of contract. The defendant's repeated insults towards other tenants were therefore to be regarded as breaches of the tenancy agreement.
Furthermore, due to the extent of the insults, even a warning to the defendant was unnecessary in the opinion of the court. This was justified by the destruction of trust in the tenant. The defendant's misbehaviour was so serious and was repeated so often that it was unreasonable for the landlord to continue the tenancy.
Behaviour of the defendant constitutes disturbance of the peace of the house
The defendant's behaviour therefore also constituted a massive disturbance of the peace of the house. The defendant repeatedly insulted several tenants of the house. Such behaviour led to unrest and a feeling of discomfort among the other tenants in their own home. The grounds for termination of the noise nuisance during quiet hours were irrelevant.
The plaintiff has a claim against the defendant for eviction and surrender of the flat. The eviction period is granted until the end of the year due to the current epidemic situation and the associated difficulties in finding accommodation.
Source: Neustadt/ Rübenberge Local Court
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