The District Court of Krefeld has now made a further decision on August 25, 2021 (2 S 26/20) on the appropriate compensation for a subsequent tenant with regard to signs of use by the previous tenant. This is part of the case law of the BGH with regard to the need to carry out cosmetic repairs. Attorney points this out Sebastian Rosenbusch-Bansi, Specialist lawyer for tenancy law.
According to the rental agreement, the tenants were obliged to regularly carry out cosmetic repairs in the rented rooms at their own expense, insofar as these were necessary due to their own rental use.
When moving in, the apartment sometimes had colored borders and some rooms were painted in bright colors. These decorations came from the previous lease period. Of course, when they moved in, the tenants expressly agreed that this would remain the case.
After the lease ended, the landlord asked for cosmetic repairs to be carried out. The tenants did not accept this. Like the district court before, the regional court has now decided that due to the undisputed state of decoration when moving in, the overall impression speaks against the existence of an originally renovated apartment. The apartment had not been completely renovated. This meant that the tenants were not obliged to carry out cosmetic repairs at the end of the rental period. In this context, it is irrelevant that the tenants agreed to the condition of the apartment being taken over.
Are you looking for a lawyer in Wiesbaden? The Caesar-Preller law firm in Wiesbaden will be happy to advise you on this, but also on other legal issues. In addition to its registered office in Wiesbaden, the law firm Caesar-Preller also has office hours in Berlin, Hamburg, Cologne, Stuttgart, Munich and Bad Harzburg.
–
