Auer Witte Thiel: Landlords are not obliged tenants to perform desired modernisation Munich may 2012. Auer Witte Thiel informs: the Federal Supreme Court confirmed that landlords are generally not required to make structural changes to the further modernization of real estate. This judgment welcome lawyers of the law firm Auer Witte Thiel and see an increasing of legal certainty in a common question between tenants and landlords. “In the judgment of the 14.09.2011, VIII ZR 10/11 the case of permission of modernization through the tenants ‘ clarity was created again by the Federal Supreme Court: A landlord is accordingly loud this verdict neither committed to carry out a modernisation requested by tenants, nor to agree to a request of the self-financing. While between tenants and landlords no other arrangements have been agreed upon, it is at the discretion of the lessor, this allowed the modernization or denied them from financial interests. The interest of the Tenant on additional convenience no override must be granted according to the judgment. Even, if the tenant wants to carry out the modernisation measures at his own expense, the landlord does not have to now. The verdict confirmed the freedom of choice of the landlord on the date of investment in the own real estate.
Thus creates more certainty on an important issue which is often both tenants”of the German Federal Supreme Court, pull the lawyers Auer Witte Thiel their conclusion. Additional information about current judgments relating to the rental and real estate law are provided by the law firm Auer Witte Thiel under for you and commented. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.