No judicial assistance "double rent" by the landlord
The situation everyone knows: The Search for a new home or business premises you will after some time find. The object is essentially the search criteria and the rent is affordable. Even with the landlord you will agree, a lease is signed. Now nothing can go wrong - you'd think. What happens if The landlord of the new premises after the agreement also hired out to another buyer?
Over such a case, recently mounted the Berlin Court of Appeal had to decide (decision of 25.01.2007, Az 8 W 7 / 07). The tenant, who signed the lease first, wanted to allow the entry of the "later" tenant by prohibiting judicial urgency decision.
But Berlin Regional Court and Court of Appeal rejected his request for a preliminary injunction. In relation to the later tenant was the first tenant no better rights to the apartment. The priority principle ("who First comes painted to only ") applies in this case is not
.." In addition to expenses - had happened " ? So you can see it well, for the disappointed tenant, the court also required to pay all court costs. He remains only the possibility of the landlord to claim damages for negligent denial of service. This is then provided, however, that he had a concrete can prove (property) damage as a result of the double rent as well. The costs of unsuccessful proceedings includes at least not to do so.
Conclusion: Who wants to go to the residential or business premises can search on the safe side, with the landlord, a contract penalty provisions in the event that a party, contrary to the agreement reached, the contract is not in prison. The double rent can thus not even prevent - the tenant can then compensate the landlord problems require the payment of the agreed penalty sum.
The decision can be found in full text below www.kammergericht.de
lawyer Olaf Werner
