"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
0 comments:
Post a Comment