Berlin Regional Court, Judgment from 20.11.2020, Case No.: 65 S 194/20
In tenancy law, disputes often arise between landlords and tenants regarding access to the apartment. These cases involve balancing two fundamental rights: the inviolability of the home (Art. 13 of the German Basic Law) and the right to property (Art. 14 of the German Basic Law). In this case, the landlord had unsuccessfully requested access to the apartment to measure it.
Facts
Landlord terminated the lease due to refusal of access.
The landlord terminated the tenancy, claiming that the tenant had denied access for an apartment viewing to measure the space and assess the condition of the apartment (for the purpose of selling it). The tenant refused the viewing after discovering that his apartment was listed for sale online.
When the tenant refused to vacate, the landlord sued for eviction.
The landlord then sued the tenant for eviction and return of the apartment, claiming the lease had been terminated.
Decision of the Berlin Regional Court
The Berlin Regional Court ruled, following the initial decision against which the defendant had appealed, that the lawsuit was dismissed.
The tenancy was not terminated either through immediate or regular termination.
The prerequisite for a termination without notice is a previously made cancellation. Warning letter or a deadline for remedial action. The landlord had neither issued a warning to the tenant nor set a deadline for remedial action. Furthermore, there was also no good cause. The refusal of the viewing appointment was therefore not an important reason when considering the individual case. It is true that the refusal to grant access could constitute a breach of an obligation under the tenancy agreement and therefore constitute grounds for a cancellation without notice represent. In any case, the tenant has a secondary obligation under the tenancy agreement to allow the landlord access to the flat if the landlord carries out viewings for sale, but this is not evident in the present case. The landlord had merely wanted to measure the flat, which he had stated in a letter as the reason for the inspection. The surveying of the flat therefore did not constitute good cause for termination without notice. Furthermore, no measurements had been taken of the flat to date, but only viewings had been carried out with interested parties to purchase the flat.
Tenant’s right to undisturbed occupancy outweighs the landlord’s interest.
Thus, the tenant’s right to undisturbed occupancy prevailed, especially since the duty to allow access for measurements was not clearly derived from either the rental contract or the landlord’s letter.
As a result, the tenancy had not been validly terminated, either through immediate or regular termination. The appeal was therefore dismissed.
Source: Berlin Regional Court
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