Auer Witte Thiel welcomes the ruling of the Federal Supreme Court: now, landlord for non-payment of increased operating costs can terminate Munich August 2012: with its judgment of July 18, 2012, the Federal Supreme Court is breaking new ground in the law of tenancy. Landlord get an effective tool at hand to enforce increased operating costs compared to their tenants, so the law firm Auer Witte Thiel. Auer Witte Thiel informed about the new legal situation. Arrangements advance payment via the operating costs can be found in almost any lease and prevent financial risks tenants such as landlord. It comes to a general price increase, dispute ensues experiences Auer Witte Thiel, often between the parties to the proportionality of the boost. According to BGB, the landlord has the right to increase the advance payments (section 560 (4) BGB), unless she has no formal and substantive errors.
However, faulty boost request not to pay the lessee is obliged (judgment of 15.05.2012, AZ.) VIII ZR 246/11). So, the tenant in the event of a failure to pay of the increase in operating costs must reckon with an eviction. Because residues of more than one or two months rent running through non-payment of operating costs, the landlord may terminate with immediate effect and without payment, Court (judgment of 18.07.2012, AZ.) VIII ZR 1/11). There is a big difference to the previous case-law, where the landlord had to sue the tenant in case of not paid increased operating costs bills only on the payment of the outstanding amount. Terminate without notice he allowed him only after had been given place its payment claim in court, and this decision has become final. Now no final conviction must be preceded by the termination with the current ruling.
Unilaterally increased the operating costs the landlord and the tenant does not pay, can he now directly pronounce the termination and the publication of housing demand, so Auer Witte Thiel. As examined in the framework of the eviction, whether the increase in operating costs was justified, the lessee is not also worthy of protection. The possible eviction of tenant is however in the right will be rejected and the landlord has to pay all costs (including legal costs). There is more information on the subject of operating costs on. Here, Auer Witte Thiel’s lawyers informed about important legal issues and current judgments. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies. The firm Auer Witte Thiel is Munich. How to contact with Auer Witte Thiel lawyers Bayerstrasse 27 80335 Munich phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web: