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Mietnomade convicted of fraud VIII ZR 216/04 BGH Az

AG Tiergarten, 22.06.2005, application No: (260 Ds) 61 Js 1479/05 (326/05)).

The district court ordered the Berlin-Tiergarten Mietnomadin for fraud to a prison sentence of six months on probation.

history :

The landlord had, to prevent rent arrears and as a preventive measure, the meantime, controversial reissue of "back rent-free certificate. The tenant in spee had it already made an untruthful statement, thus surreptitiously obtained the lease. The rent could be raised by the tenant at any time. But that is entering into fraud.

pity that there is only one punishment was probation. because the tenant had been kept secret even from the previous lease substantial debt and that the landlord of the new apartment.

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"The (... ) Eighth Civil Division of the Federal Court has ruled that the rental of housing arrears can make rent in the charter process that, even if the tenant pleads defects in the apartment. "

So the guiding principle. But what lies behind it?

can in summary proceedings any creditor of a money debt apply for an interim title. (§ 592 sentence 1 ZPO), this quite the landlord is now also, even if the tenant gives to the rental deficiencies and therefore shortened the rent. (§ 536 para 1 BGB).

If the title is confirmed, the tenant of defects in the apartment of course has still entitled to remove the defects. The rent reduction he can prevail in all subsequent proceedings in civil actions authorized evidence.

AG Jever 5 C 888/03. /. LG Oldenburg 10 S 209/04