{"id":5437,"date":"2019-05-14T15:00:16","date_gmt":"2019-05-14T15:00:16","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=5437"},"modified":"2025-10-21T12:40:21","modified_gmt":"2025-10-21T12:40:21","slug":"mietrecht-bei-vermuellung-durch-messie-kann-die-kuendigung-wegen-gefaehrdung-der-mietsache-und-stoerung-des-hausfriedens-gerechtfertigt-sein","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/tenancy-law-in-cases-of-hoarding-termination-of-the-lease-may-be-justified-due-to-endangerment-of-the-rental-property-and-disruption-of-the-peace-within-the-building\/","title":{"rendered":"Tenancy Law: In cases of hoarding, termination of the lease may be justified due to endangerment of the rental property and disruption of the peace within the building."},"content":{"rendered":"

Munich District Court, 08.08.2018, Case No.: 416 C 5897\/18<\/strong><\/p>\n

When a hoarder lives in a landlord\u2019s apartment, it can have serious consequences for the landlord. The accumulation of garbage and waste can endanger the building\u2019s structure, attract pests, and create a significant stench.<\/p>\n

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.<\/p>\n

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.<\/p>\n

\"What<\/p>\n

<\/span>Rental Agreement and Rent<\/span><\/h3>\n

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.<\/p>\n

<\/span>Complaint about Odor Nuisance and Clutter<\/span><\/h3>\n

On 30.01.2018, the plaintiff\u2019s property management received a complaint with photos documenting a significant odor nuisance emanating from the defendant\u2019s apartment. The images showed a neglected kitchen and severe accumulation of garbage.<\/p>\n

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.<\/p>\n

<\/span>Request to Remedy the Deficiencies<\/span><\/h3>\n

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\u2019s poor condition. The rooms were heavily cluttered, with water damage, mold growth, and an unpleasant odor in the air.<\/p>\n

<\/span>Condition of the Apartment: Details of Neglect<\/span><\/h3>\n