Federal Court
A landlord rents rescission of the lease due to fraudulent misrepresentation by the lessor in the leasing of commercial space an object to use as an Office and after hiring, turns out that he has no permit for such use, the tenant challenging the lease due to fraudulent misrepresentation (BGH, judgment of the 6.8.2008, AZ.) XII ZR 67/06). For the first time, the Federal Court in this decision clarifies that the contestation is possible even after delivery of the leased property. Here, the tenant owes a compensation for the duration of the use. This is calculated according to the local rent for similar objects. Tip lessee to use the leased determine that you were fraudulently deceived with regard to individual properties of the object of lease from the landlord, is to check whether the tenancy may be terminated not without notice.
After the judgment of the Federal Court of Justice, you should also check in any case, if not (if necessary in addition) a challenge due to fraudulent misrepresentation is explained. The advantage is that when one radical challenge until at the time of the termination of the contract, not the contractually agreed rent, but the circumstances substantially lower local comparison rent is due. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin-Mitte
Tags: law, law & taxes