Mitwohnzentrale upon renewal of the lease? training and career today require a high degree of mobility. Often a stay in a city is only kuzer duration. The demand for furnished apartments short rental period is therefore high. This need is met, among others, letting agencies. These usually offer to pay a commission to the placement of dwellings for a sublease. Often, problems arise if the tenant's apartment but takes longer than planned and extend the Parties to the duration of the lease. Some letting agencies then make a further commission claim. Thus, in one case to rule on which the district court had Dusseldorf (Dusseldorf AG, WUM 1998.731 f.) investigated the applicant complained about the Mitwohnzentrale a furnished room for the period November 1997 until at least January 1998, but up to June 1998. For the successful placement of a room for the period November to January 1998, the defendant calculated in accordance with its tiered commission table a commission of 55% of the monthly rent. The applicant agreed at the end of the proposed lease with the lease rental of announces end of June 1998 be extended. After the Mitwohnzentrale having learned, it was created in accordance with its commission scale, a new bill in the amount of 120% of monthly rent to be related less the amount already paid is deducted. The foreign student shall pay this amount first, too. But later they regretted this, and they sued for repayment of the amount. Rightly so, the district court of Dusseldorf said. For the renewal of the lease was the Mitwohnzentrale to no commission. The applicant was not in accordance with § 2 WoVermittG to pay a fee to the defendant required, because by that of the defendant held for lease to commission only the existing lease has been extended. Therefore, the defendant under § 812 BGB notify the applicant on the basis of the renewal invoice v. 4 2. 1998 DM 336.37 paid refunded.
