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House facade in Cologne
Photo: Rolf Vennenbernd / DPA
Anyone who uses an apartment or a house as a second home is not misappropriating.
That was decided by the Berlin district court.
According to the judgment, landlords and landlords are not allowed to terminate apartments just because a tenant does not use the property as a primary residence.
A landlord had sued who wanted to end a tenancy on the grounds that the tenant was only using the apartment as a second home for temporary use.
The landlady then demanded that the apartment be vacated.
According to your argument, tenant protection does not apply in this case, the termination is justified.
The Berlin Regional Court has now contradicted this argument.
In areas with limited living space, there are requirements that are intended to prevent misappropriation.
However, those who use their home as a second home do not violate these requirements.
There is no legitimate interest in termination.
The plaintiff had also alleged that the apartment had been neglected.
However, she did not prove this to the court.
The previous tenancy therefore remains.
In some municipalities and cities, such as in Berlin or Munich, but also in municipalities in North Rhine-Westphalia, there are laws that are intended to prevent, for example, the rental of living space to short-term tourists.
There is a lack of affordable living space, especially in much-visited cities or holiday resorts - a deficiency that could be partly due to the increased use of living space as holiday apartments or through the Airbnb platform.
Some politicians understand the misappropriation law as an instrument against rising rents and real estate prices.
In the meantime, violations of these laws can result in six-digit fines.
jlk / dpa
