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Keeping dogs in the rental apartment
Keeping dogs in the rental apartment

Video: Keeping dogs in the rental apartment

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Video: 5 Tips for Keeping a Dog in an Apartment 2023, January
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Can the landlord prohibit the keeping of a pet or increase the rent because of a self-installed kitchen? We present these and other current judgments of German courts here.

Family dogs can move into the rented apartment

Magyar Vizsla
Magyar Vizsla

The Magyar Vizsla reaches a height at the withers of about 50 centimeters, is family-friendly and not very aggressive.

Photo: iStock / GlobalP

The local court in Munich ruled that a landlord can forbid keeping a dog in the rented apartment for an important reason. A couple of parents wanted to buy a dog as a pet for their two teenage children, a Magyar Vizsla with a height at the withers of around 50 centimeters. The children had already contacted a female of this Hungarian breed in the shelter. The parents asked their landlord for permission to keep the animal in their four and a half room apartment. The landlord rejected this request because of possible disturbances to rest. In court, the tenants were right: to base the refusal on mere general fears was not enough. In addition, the Magyar Vizsla is known to be family-friendly and not very aggressive. The dog can move to his new family. Record number: 411 C976 / 18

Moving to the nursing home: No case for an immediate termination of the rental contract

Contract is contract. Even if a tenant suddenly has to leave the apartment for health reasons - for example because he is moving to a nursing home - he cannot terminate the tenancy without notice. The Charlottenburg district court made this clear. Basically, tenants have a notice period of three months. The tenancy can only be terminated without notice if the continuation of the contract has become unreasonable for the tenant. The judges could not see this in the negotiated case. However, they pointed to a way to get out of the contract faster: the sick tenant may have a legitimate interest in a termination contract. However, there is only a claim if the tenant names a subsequent tenant. Record number: 205 C172 / 18

Rent increase due to self-built kitchen?

Küche
Küche

The landlord may not increase the rent due to a kitchen financed by the tenant.

Photo: iStock / undrey

A kitchen should not be missing in the rented apartment. If the landlord makes them available, this increases the value of the apartment and he can ask for more rent accordingly. But what if a tenant paid for the kitchen himself? The Federal Court of Justice recently had to answer this question. In the negotiated case, a couple rented an apartment from the 1970s in Berlin. With the consent of their landlord, they installed a modern kitchen at their own expense shortly after moving in and sold the old model. Years later, the landlord wanted to increase the rent. He referred to the Berlin rent index and also took the modern fitted kitchen into account when calculating the standard local rent. He is not allowed to do that, judged the BGH. The landlord did not provide the current fitted kitchen, so there is no higher rent to pay. Case number: VII ZR 52/18

Compensation remains tax-free

This blessing of money was not a real reason for joy: the home of a couple in North Rhine-Westphalia was on a planned electricity route, and a high-voltage line should run exactly over their home. Bad for the attractiveness of the property. After all, the network operator paid the owners compensation of EUR 18, 000. Then the tax authorities held out their hand and asked for tax on this cash benefit. The Federal Finance Court decided in favor of the homeowners concerned. The court found that the compensation payment was not income from renting or leasing. The cash benefit only compensates for the impairment of the property. Taxation is therefore out of the question. Case number: IX R 31/16

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