Attorney Tenant

Right of termination of the lessor due to late payments caused by the job Center in a decision of the Federal Supreme Court has (BGH, judgment of October 21, 2009, AZ.) VIII ZR 64/09) had rejected the eviction of a landlord, who quit without notice. In the decisive case, the landlord had based the termination on that the job Center had always again belatedly paid the rent for the tenant despite warning. The Federal Court said that any fault of the job Center not attributable to was the tenant. The tenant’s benefit to keep, that he is because of his personal and financial circumstances to the benefits of the job Center and that the job Center despite knowledge of the cease and desist letters is not timely paid. Caution! The District Court of Berlin is apparently strict on this issue. In a judgment of 09.02.2010, 67 T 18/10, the Berlin court made it clear that only a delay of rent payment to represented by the job Center can cause that a termination due to default of payment as a result will not be upheld. For example, the transfer Job Center rent a Harz4 receiver always a few days later, has still a chance to stay in the apartment tenants.

The tenant however conceded the arrears in the first place and he then turns to the job Center, which then not promptly pays, the tenant has luck anyway, in Berlin. Having originally responsible for the delay of the lease, the tenant had to undress. The District Court of Berlin has made it clear in this decision, that it always arrives at a termination due to the repeated delay in payment on the special circumstances of the case. Within the framework of interests, the Court examines whether the continuation of the tenancy the landlord is reasonable. The District Court of Berlin has denied this in the above mentioned case, because with the behavior of the tenant was the cause for the delay in payment. Specialist Attorney tip tenant: you always worry that the job Center pays the rent on time.

If your landlord warns you, the job Center to present this warning. Request that Job Center in writing to punctually pay and advise you on the cancellation of the lessor. Specialist Attorney tip landlord: Beware of such terminations. You run the risk to be subject to the eviction proceedings. It does not matter whether the rent is paid by the job Center directly to you or to the tenant. It looks different then, if the tenant cannot promptly forwards the payments on time on him of the job Center to you or the job Center is switched on only after accumulation of a Mietruckstandes. In this case a fault the tenants regularly, so that a termination due to delayed payments would be effective (after warning). A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr.