BGH changes ruling to termination for personal need by a GbR

December 14, 2016: The Federal Court of Justice has confirmed the admissibility of a termination of a lease agreement because of personal need by a partnership under the civil code and, in the same judgment, amended its case-law on the duty of a landlord to offer a new apartment.

It ruled that the right to terminate the contract in accordance with section 573 (2) no. 2 BGB (German Civil Code) is not only applicable to natural persons, but also to partially legally responsible partnerships under the civil code. The personal need of a partner or their relative is “to be attributed” to the partnership under the civil code.

With regard to the question whether the failure to offer a two-room apartment situated in the same property was legally unfair, therefore making the declaration of the owner's own responsibility ineffective, the Federal Court of Justice amended its own case law and ruled that this does not result in the invalidity of a right to terminated due to personal need. This merely entails claims to damages.

Further informations you will find on Süddeutsche Zeitung.

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