Live in Corona times: 7 new sentences for parents, employees, tenants and owners

Judgment one: eviction deadlines extends The home and contact restrictions have the housing search Visiting of objects, and also the contract negotiations much

Live in Corona times: 7 new sentences for parents, employees, tenants and owners
Judgment one: eviction deadlines

extends The home and contact restrictions have the housing search Visiting of objects, and also the contract negotiations much more difficult. A to the eviction of convicted tenant moved before the court to a longer period of about three months, until 30. June 2020 to get.

The district court of Berlin were in the right: Because of the Virus have brought the public life in the capital, largely ground to a Standstill, the procurement of replacement housing on the tense Berlin's housing market is even harder. All the court extend the time-limits of Clearing, as long as not of equal interests of the owner or of third parties something different areas (regional court of Berlin of 26. March 2020, File Number Az. 67 S 16/20).

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judgment two: a craftsman is allowed in case of an emergency in the apartment

In a residential building, the risk of water damage threatened to stop the acute water ingress, had to apartment managers and craftsmen to enter the apartment of the owner. With regard to the Corona dangers of this did not want to allow the Entering of the special residential area; the community, the home owner sued him therefore to tolerance – because of the urgency with the interim legal protection.

in keeping with the theme: First rental and real estate judgments under the influence of the pandemic.

The district court of Munich of community law: Even in times of Corona-pandemic there is damage to the apartment entry right of managers and craftsmen in acute water. The owner must then tolerate the repair immediately, With measures to be taken against run-off water could not be waiting, especially when a system would affect the relevant operation, otherwise, ruled the judge. It is also permissible if the administrator, on behalf of the community tried to access the craftsman with a court injunction to enforce (local court of Munich on 25. March 2020, File Number 483 C 4847/20).

judgment three: cottage-bans are permitted

living in a tourist destination depth of cracks by Corona. People with a second residence on the North sea coast were expelled from their apartments or houses. The administrative court of Schleswig ruled in several summary proceedings, that the prohibitions of the districts of Ostholstein and North Friesland are immediately enforceable. This also applies to the immediate return obligation of "foreign persons". Anwalt.de (display), you your legal concern of the experts to examine!

The claimants of the five methods, all of which had no place of residence in Schleswig-Holstein, was in your in addition to apartments in Ostholstein and North Friesland. With immediately executable in General acts and said these circles to the owners in mid-March, 2020, the use – as a measure of protection against the Corona Virus. In addition, they were asked to leave the purchased or rented items within three days. to rate

the Public interest is much higher

The administrative judge justified his sentence with a further balancing of interests: The public interest, threats to the health of the population and the Congestion of the health system, repel, outweigh significantly the private interest of the plaintiff, to stay in the apartment. Especially because the residents could not think of individual reasons why for you to live in the main apartment is unreasonable (administrative court of Schleswig of 21. March 2020, Reference Character 1 B 10/20, 1 B, 11/20, 1 B 12/20, 1 B 13/20, 1 B 14/20).

judgment four: second homes are allowed to

be used in An exactly opposite decision in a similar case, the higher administrative court (OVG) Berlin-Brandenburg met. Here, the district Ostprignitz-Ruppin had issued a arrival ban for users of second homes, against the owners of two cottages had complained.

the judges of The higher administrative court overturned the ban in an emergency session, since the official order in the main proceedings is likely to be unlawful will be. There are already some precautionary arrangements against the pandemic at the country level and the district have not been able to show that, due to local specificities, a Supplement of these provisions is necessary (OVG Berlin-Brandenburg, from the 7. April 2020, File Number 11 S 15.20).

Suitable for the topic of: Second-home residents allowed to return - island-Sheriffs and insults? How Sylter not experience the alleged Corona-Zoff

judgment five: officer must at home

An older official from Berlin wanted to work because of Corona to the home office, but rather in the district office continue to work. But the Berlin administrative court rejected their application for a temporary injunction. The claim of officials on "amtsangemessene employment" will not hurt if you are working temporarily from home, decided by the court. For the over 60-Year-old was in the home office to 17. April has been arranged because of because of their age are at increased risk for a Covid-19-disease.

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The woman defendant, the measure has no legal basis. According to the 28. The chamber, however, changed only the location of your assignment and your specific task for three weeks. Neither the officer from the service will be pushed to forced inaction in perspektivlosem Wait. In the case of exceptions such as Corona, it was unacceptable that the amtsangemessene employment temporarily limited to a mere on-call management and the Transmission of individual tasks in the home office (administrative court of Berlin from the 14. April 2020, reference character VG 28 L 119/20).

in keeping with the theme: Several Hundred euros - costs deduct: workers save with the home office, Smartphone, and Notebook control

judgment six: the mother allowed her children to visit

A mother has the right to meet during the Corona-crisis children. The decision of the administrative court of Hamburg. A regulation to curb the Corona Virus is not allowed to prohibit, therefore, the visit in a Children's shelter housed children.

According to the regulation, parents of the visiting and Entering of particular forms of child protection services is prohibited. Against this scheme, the mother had submitted an application for a temporary injunction. According to the decision of the administrative court, the official prohibition of hurt, but parents in their fundamental rights.

It lead to a complete loss of Contact between parents and children, without any distinction, for example, according to the age of the children, the quality of the existing parent-child relationship or the frequency of previous handling contacts. The judge complained also that the regulation provides for no exception regulations (administrative court of Hamburg from 16. April 2020, File Number 11 E 1630/20). Real estate Atlas 2020

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judgment seven: school closure is no infringement of fundamental rights

According to a Corona-regulation of the government and the Ministry of culture was included in the state of Baden-Württemberg after the Shutdown of the school's operation to public schools only gradually. In the 5. Classes could take place, for example, no classroom teaching. The son of a single mother visited the 5. Class of a gymnasium. The mother looks at both their fundamental rights have been violated and justified it this way: The legal requirements for a school closure are not available. Because the Corona Virus is only one among many pathogens. The contested provisions are disproportionate, the government has committed against the students ' right to equal participation in education.

The administrative court (VGH) of Baden-Württemberg rejected the application for a temporary injunction, however. The closure of schools is expressly provided for by law as a possibility. By interrupting the chain of Infection the spread of the Corona Virus should be slowed down. Limitations in the constitutionally protected exercise of the profession and the General freedom of action have to accept the mother because of the high weight of health. The gradual resumption of the operation of the School, with only a few grade levels also infringed the General principle of equality. This applies all the more, because the adverse consequences through the use of digital teaching and learning opportunities, as well as additional presence-learning offerings would be somewhat mitigated (VGH Baden-Württemberg from 18. May 2020, File No. 1 S 1357/20).

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Updated Date: 17 July 2020, 14:27

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