Munich District Court, 08.08.2018, Case No.: 416 C 5897/18
When a hoarder lives in a landlord’s apartment, it can have serious consequences for the landlord. The accumulation of garbage and waste can endanger the building’s structure, attract pests, and create a significant stench.
In such cases, the landlord may be justified in terminating the tenancy due to littering. A strong odour nuisance due to messy behaviour can not only disturb the peace of the house, but also pose a risk to the rented property. A littered flat is often at risk of mould growth and pest infestation, which can be grounds for termination under Section 543 BGB.
In the case discussed here, the apartment was completely cluttered, which caused a strong stench that spread to neighboring apartments. Despite the termination notice, the tenant refused to vacate, leading the landlord to file an eviction lawsuit.
Rental Agreement and Rent
The defendant rented an apartment from the plaintiff on 04.11.1996 and has lived there since 15.01.1997. The current net cold rent amounts to 841.00 euros per month.
Complaint about Odor Nuisance and Clutter
On 30.01.2018, the plaintiff’s property management received a complaint with photos documenting a significant odor nuisance emanating from the defendant’s apartment. The images showed a neglected kitchen and severe accumulation of garbage.
If neighbours complain about unpleasant odours caused by messy tenants, the landlord should react immediately. Documenting the littering of the flat at an early stage with photos and witness statements helps to avoid disputes later on. In particularly serious cases, the landlord can give notice to quit the messy flat in order to prevent further damage and health hazards.
Request to Remedy the Deficiencies
On 09.02.2018, the plaintiff formally requested that the defendant remedy the deficiencies by 19.02.2018. A property inspection on 22.02.2018 confirmed the apartment’s poor condition. The rooms were heavily cluttered, with water damage, mold growth, and an unpleasant odor in the air.
Condition of the Apartment: Details of Neglect
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- HallwayCovered with garbage and debris, insect nests on the ceiling.
- BedroomWaste blocked access, water damage, and cobwebs on the walls.
- Living roomGarbage and paper scraps, water damage beneath the balcony door.
- KitchenHeavily soiled, mold damage, water damage from continuous water flow.
- Bathroom:Damp and dirty, trash from the hallway spilling into the bathroom.
- Balcony:Cluttered with pigeon infestation.
- Parquet flooring:Damaged and soaked.
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Termination by the Landlord
On 23.02.2018, the plaintiff terminated the lease without notice, alternatively with notice. The reason for the termination was the severe neglect of the apartment and the resulting damage.
Cancellation due to littering must be well justified and legally correct. A littered flat regularly constitutes a significant breach of duty. Even without an explicit warning, termination without notice may be permissible if the littering of the flat endangers the condition of the rented property or neighbours are affected by unpleasant odours.
Defense of the Defendant
The defendant requested the dismissal of the lawsuit, claiming that the apartment’s condition was only temporary and part of preparations for renovation work. She had already acknowledged the water damage and accepted liability for it.
Judgment of the District Court of Munich
The Munich District Court ruled in favor of the plaintiff, ordering the defendant to vacate the apartment in accordance with § 546 I BGB. The extraordinary termination was justified under § 543 I BGB, as the defendant posed a significant danger to the rental property through neglect.
The ruling shows that it is legally possible to terminate a tenancy agreement for a messy flat if the behaviour of the messy tenant poses a concrete threat to the flat or a lasting disturbance of domestic peace. The courts carefully examine whether the neglect constitutes an objective reason for termination and whether the landlord was able to provide sufficient evidence of the littering.
Rationale for the Judgment
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- The apartment was not only cluttered but had already suffered substantial damage, such as water damage and damage to the parquet flooring.
- The defendant’s claim that the condition was due to renovation preparations was regarded as a mere excuse.
- The defendant’s breaches of duty, particularly the neglect of the apartment and the associated damage to its structure, justified an extraordinary termination under § 543 I in conjunction with II No. 2 BGB.
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Balancing of Interests
The court took into account the long rental period and the challenging housing market in Munich. Nonetheless, the ongoing contractual violations and the risk of further damage outweighed these factors. Additionally, the defendant had denied the plaintiff access to the apartment to address the water damage.
Conclusion
The Munich District Court concluded that the termination was justified. The continued neglect and cluttering of the apartment, as well as the risk of further damage, made the continuation of the tenancy unreasonable.
Landlords should seek legal advice at an early stage in cases of littering or odour nuisance caused by messy tenants. A professional assessment helps to avoid mistakes when giving notice of termination due to littering and to ensure that the eviction process is legally compliant.
Our law firm will support you if your flat is littered and you would like to check whether a cancellation due to littering is enforceable.
Source: District Court of Munich
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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