First rental and real estate judgments in connection with the Corona-crisis

When the current Judge, among others, to the use of apartments and houses. But also the Clearance time limits for the tenant to employ judges, as well as the qu

First rental and real estate judgments in connection with the Corona-crisis

When the current Judge, among others, to the use of apartments and houses. But also the Clearance time limits for the tenant to employ judges, as well as the question of what actually means a mandatory stay "will be a priority in the environment of the living area".

Even if some of the judgments have now done because of far-reaching were loosely introduced: The Judgments are likely to be in a possible second wave of Infection again relevant.

in principle, This applies for the current Corona judgments

in addition, is often affected the law of the land, the nationally different from each other. Therefore, it is a snapshot of the case law. People should keep in case of questions, always consult with your legal counsel.

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viewings of objects complicates

A major difficulty for apartment seekers is in the Corona times, the fact that the source and contact restrictions make it difficult for both sightseeing objects as well as subsequent contract negotiations.

Therefore, for the eviction of convicted tenant appealed to the judiciary to an extension of the deadline by about three months, until 30. June 2020 to get. The regional court of Berlin (case 67 S 16/20) decided that this request was granted, because the Virus have brought the public life in the capital, largely ground to a Halt. Out of this reason, all the court deadlines of Eviction to extend – as long as not of equal interests of the owner or of third parties areas to something else.

Affected wanted to craftsmen in case of water damage in the apartment

What happens when in times of pandemic, a craftsman must enter the apartment of the owner? Specifically, the case was damage from a water, to Stop water entry. The person Concerned did not want to tolerate the Entering of the object with regard to Corona dangers. The district court of Munich (file no. 483 C 4847/20) decided: In the case of such urgent measures can not be waiting. Therefore, the administrator, on behalf of the community could allow the access of the craftsman by way of injunction to enforce.

Amtsinspektorin defends itself in court against Work in the Home Office

The Home Office a mass phenomenon is currently. Millions of people work in this way in order to reduce the risk of infection, to protect themselves and others. A Berlin district office wanted to commit to a 60-year-old Amtsinspektorin of care reasons to the Home Office. As a reason, the supervisor stated the age of the inspector, and the associated risks.

but did not agree that there had been a lack of legal basis. The administrative court of Berlin (case 28 L 119/20) regarded it as quite permissible, the officer temporarily in your home as a place of work to assign. So you will be pushed, neither the service nor to the inaction forced.

the legislature owners of second homes May prohibit the use?

was Highly controversial in the high phase of the Corona epidemic, the question of whether the owners of second homes the use of their property may be prohibited. The administrative court of Schleswig (case 1, B 10/20) allowed the authorities to stay in Holiday homes in the Form of an immediate return travel obligation to say. It is from the judge's point of view, quite essential to take into account the available medical capacity. The private interest, in his second apartment stop, it was against the public interest of the German infection protection.

A counter according to a decision of the upper administrative court of Berlin-Brandenburg (reference number 11 S 15.20 met in a similar situation). Here is an arrival of prohibition by the district was for the users of second homes, against the Concerned legally prevail. The judges of the higher administrative court (OVG) overturned this prohibition in an emergency session, inter alia, on the grounds that the authority will be in the main proceedings is likely to be unlawful. There are already a number of pension arrangements against the pandemic at the country level and the district could not demonstrate that it needed to be due to local peculiarities of a Supplement to these provisions. (display), you your legal concern of the experts to examine!

the Usual legal process is not applicable to the Corona-crisis

one effect Of the Coronavirus in any case, as much as it engages in many areas: The usual right of way will not be overridden. So, the Federal constitutional court (file no. 1 BvR 712/20) noted that a Constitution of the Exploit complaint against bans in the context of the pandemic, in principle, of the right of way requires.

A citizens of Berlin had, in Karlsruhe, complaint for violation of his fundamental rights-managed. They took his case, however, no decision and referred him to the previously required specialist legal processing of the matter.

A different legal approach to a citizen of Saxony chose. He wanted to have clarified whether it is for Sport and movement, a stay "could be a priority in the environment of the living area" requirement, and what this meant in concrete terms.

The higher administrative court of Saxony (reference 3 B 111/20) closer to clarifying this term. First of all, the judge referred to the regulation in accordance with the infection protection act and as, in principle, justifiable. Then they went into Detail: activities in the "environment of the living area" are those that can take place without the use of a car. One could roughly speak of an area stretching from the apartment in ten to 15 kilometers. The objectives should be reached by foot or with the Bicycle to the judgment.

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Date Of Update: 01 July 2020, 09:27