Wednesday, June 22, 2005

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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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