Table of contents:
- In the worst case, termination without notice
- Employee insulted in anger
- Verbal attacks in public
- Blackened at the mortgage lender
- Harassment and verbal jura
- Exceeded every measure
- No pain compensation for "pig cheek"
- Threats make everything worse
- Strife in the house
Video: Verbal zoff between tenant and landlord
Verbal Zoff between tenant and landlord - what happens when tenants and landlords of real estate argue too violently? German judges have ruled:
In the worst case, termination without notice
The turn of the year was not long ago. For days, the neighbors of the apartment and property sat very close together on the holidays. Because of the unusual proximity, perhaps also because of the alcohol consumption on New Year's Eve, there may have been unsightly scenes. However, if you become verbally abusive, you have to expect consequences. In the worst case, a tenant who insults his landlord may face termination without notice. And some owners who "hand out" too much to their tenant already had to pay pain and suffering. The Law and Tax Information Service of the LBS summarizes some judgments by civil courts for its extra edition. The focus is on very rude expressions such as "terrorist", "cowardly pig" and "doctorate ass".
Employee insulted in anger
A tenant did not choose the owner of the property he lived in for his verbal jura, but his employee. He initially described these employees as "lazy" and then on the Facebook page as "talentless wrecking ball". Then he was fired. But the district court of Berlin-Charlottenburg (file number 216 C 461/14) did not meet this requirement. Here, if anything, there is a "rather less serious (s)" insult. The owner's means would have been a warning. The court took into account the fact that the tenant had been very upset for a given reason - due to disturbing noise from the garden.
Verbal attacks in public
It is particularly unpleasant if insults are exchanged not only in a personal conversation between tenant and owner, but in public. So if an indefinite number of people can listen. That was the case when an owner titled his tenant in front of the property as "arsehole", "wanker" and "squatter". The district court of Bonn (file number 6 T 17/10) considered the first two expressions to be unfair and criticized the term “squatters” in particular that the offended person was brought close to criminally relevant behavior. The district court considered compensation for pain and suffering in the amount of 800 euros to be appropriate.
Blackened at the mortgage lender
A tenant from Brandenburg chose a completely different, highly unusual way to harm her landlord. She turned to his mortgage lender and pointed out to them that "unbelievable events" had occurred and the landlord was constantly giving unsubstantiated dismissals. A complaint to the Federal Banking and Banking Supervisory Office would follow. The Potsdam Regional Court (file number 4 S 193/10) regarded this as defamation and thus as a breach of contract that entitles the person to terminate the contract. This behavior cannot be justified by the fact that the tenant was annoyed by a long construction site in the garden.
You can defend yourself against noise from the apartment above by knocking.
Photo: fotolia / gradt
Harassment and verbal jura
Sometimes it is the mixture of unreasonable behavior and verbal jury that justifies dismissal. A tenant in Cologne threw waste on the neighbors on the terrace below, let her trolley case clatter through the stairwell into the basement at night, described a neighbor who complained as "stupid sack". Incidents such as vacuuming at night had already occurred in the past. The Cologne District Court (file number 10 S 139/15) was sufficient in total to consider termination to be justified. Even if one assumes negligence in favor of those affected in individual incidents, such as the case with the suitcase, the overall picture leads to an unreasonable continuation of the tenancy.
Exceeded every measure
Describing the owner or manager of a rental apartment as a "terrorist (s)" - that is a serious insult. In a dispute in Munich, a tenant "argued" as follows: "Terrorists at least end up in jail! and you are very hostile and very dangerous terrorists Nazi-like brown crap in their own way !!! "That seemed to the regional court in Munich (file number 14 S 16950/15) to exceed all tolerable levels. n) Breach of contract”, which“makes it unreasonable to adhere to the rental contract.”Even the decades-long tenancy no longer helps.
No pain compensation for "pig cheek"
If owners take on their tenants in the tone of voice, then, as with insults in other life, a lawsuit for pain and suffering can be considered. The Federal Court of Justice (file number VI ZR 496/15) dealt with such a case in the last instance. The landlord had texted a tenant as "pig cheek", "anti-social scum" and "little bastard". Like the two lower courts, the BGH declined to pay compensation for pain and suffering. Although there were gross insults, these (see SMS) had taken place without a broad public impact. The person concerned would also have been able to calm down in the future with the help of a punitive injunction. Further satisfaction in the form of monetary compensation was not necessary here.
If the insult to the neighbor is accompanied by threats, this is particularly fatal in court and the termination is often the result.
Photo: iStock / Roll6
Threats make everything worse
As a rule, it is particularly fatal in court if the insulting person also backs up his statements with threats. In the course of a dispute, a tenant raised his fist in the direction of the landlord and let him know that if he did not move away quickly, he would feel it. In view of such behavior, the district court of Frankfurt / Main (file number 2/17 S 90/11) considered termination without notice to be appropriate, especially since one also had to assume that the tenant's family had let the apartment go into neglect.
Strife in the house
The mood between tenants and landlords has not been good for a long time, there have already been numerous civil proceedings and criminal charges. In connection with a concrete dispute about the (allegedly too low) water temperature in the apartment, the landlords asked to be admitted to ascertain the situation. The tenant refused to do so and dubbed the owner "her doctorate ass". Such a wording, the Munich District Court decided (file number 474 C 18543/14), goes beyond (permitted) sheer rudeness and is a gross insult. To make matters worse, both parties lived in the same house and therefore in the event of continuation could not avoid the tenancy at all.