Mi (e) t right money back

Rechtsanwaltsofort.de (openPR) - requirement of the tenant on repayment of rent because of floor space deviation

Stuttgart, 14 December 2006. After the current iurisdiction of the Federal High Court (BGH) the tenant of a dwelling can reclaim the overpaid rent of the landlord in the case of a floor space deviation from more than 10 per cent. The causes of a divergence of the dwelling are various and are enough from false estimates by the landlord, over the missing departure from deviations from pulse flatness to the incorrect consideration of terrace and balcony surfaces.

In many leases the floor space of the renting thing is explicitly indicated. These data do not agree frequent however with the actual size. After the earlier iurisdiction because of a floor space deviation only then a requirement on renting reduction was entitled to the tenant, if the tenant could prove that the smaller dwelling limits the fitness of the dwelling to the stipulated use. „To lead “, Simone Scholz, woman barrister from Stuttgart does not stress this proof, „is after the current iurisdiction any more the task of the tenant. “

In the opinion the BGH exists with substantial different cross-sectional areas the assumption for an impairment of the adequacy of the dwelling: „Substantial “means at least 10 per cent. In this case a requirement on renting reduction is entitled to the tenant and the rent is according to the proportional deviation to be reduced. „For example a rent of 1.000 euro for 100 square meters is agreed upon and the actual floor space amounts to only 88 square meters in the contract, then the rent can be reduced by 120 euro “, describes to woman barrister Scholz the saving potentials.

This has extensive consequences for landlords: The tenant can the future rent durably around the reduction decrease shorten and in addition also still according to in the past the paid rents reduction decrease reclaim. The landlord it remains according to Scholz only examining whether the requirement for repayment - which already paid concerning rents - possibly incurred the loss or falls under the statute of limitations is.

In the lease if no data were given the floor space, then the tenant comes only then into the benefit of the renting reduction, if the tenant upon the requests of the landlord of a rent increase agreed and in the rent increase letter a too large renting surface as design fundamentals were indicated.

Press contact
Birgit ruffle. jd&p communication agency.
Tel: (06131) 90622-44. E-Mail: krause@jd-p.de. www.jd-p.de

Source
Woman barrister Simone Scholz. Firnhaberstrasse ä. 70174 Stuttgart

Over Rechtsanwaltsofort.de
After the study of the jurisprudence at the Johannes good mountain university Mainz Simone Scholz is active since the year 1998 certified woman barrister and for the Kanzlei Kosmidis, Pantzer, Gudnason in Stuttgart. To their activity emphasis belong the real estate, renting and industrial law. With its Internet portal www.rechtsanwaltsofort.de makes the Juristin possible competent legal advice without large expenditure of time: by E-Mail (scholz@rechtsanwaltsofort.de) or telephone (0900/5869292) the Rechtsexpertin gives right information immediately to a fixed overall fee. Simone Scholz attaches great importance with its daily work to a comprehensive consultation and an understandable explanation of the legal situation. As a woman barrister it is certified, entitled to act as substitute at all district courts, regional courts, higher regional courts and labor courts of Germany at the regional court and higher regional court Stuttgart as well as member of the bar Stuttgart. Further information under www.rechtsanwaltsofort.de

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