German Federal Supreme Court

Auer Witte Thiel informed: tenant is in default of payment, work also ordinary termination Munich July 2013: neither Article 573, paragraph 2 No. 1 BGB 569 ABS. 3 BGB No. 3 are on an ordinary termination due to default of payment applicable. The Federal Supreme Court in a ruling made it clear. The firm Auer Witte Thiel informs about the backgrounds of the judges decision and explains what the verdict for landlords.

According to the German Federal Supreme Court, other rules apply to an ordinary termination due to default in payment, as for extraordinary dismissal for the same reason. So refers to 543 paragraph 2, sentence 1, no. 3 BGB, which as a precondition a minimum Mietruckstand of two month’s rent or a default period of two months in a row provides alone on extraordinary cancellations. May be below this threshold value, however, in an ordinary termination, refers to the judgment of the Federal Court by the 10th of October 2012 (AZ. Auer Witte Thiel VIII ZR 107/12). Federal Court judges: legal requirements for extraordinary termination, with neat not to his judgment came the Federal Supreme Court in a case in which a tenant first had fallen due to non-payment or incomplete payment of the advances of its heating costs in default.

His landlady announced him so punctually. After he legally had been sentenced to payment of the receivable and finally paid them, the tenant with the current monthly rent fell into arrears. Then, the landlady announced again on time. The tenant went into revision, so that finally the Bundesgerichtshof concerned with the case, so Auer Witte Thiel. In his decision dated the 10th of October 2012 (AZ. VIII 107/12) the Supreme Court came to the following conclusion: an ordinary termination section 569, paragraph 3 is not applicable No. 3 BGB. Therefore the lessor have wait also not two months until the final condemnation of the tenant on the 15.11.10 with their termination. The lease was effectively ended on October 5, 2009. Auer Witte Thiel: Can landlord from which this conclusion Landlord move BGH judgment have explained even Auer Witte Thiel, you can properly terminate a tenancy if the Mietruckstand of the tenant but less than two is more than one month’s rent, the judgment of the Federal Court of Justice. Even if exceeds the default duration of one month, two but not yet reached, the landlord may terminate. The two-month notice according to 569, para 3 No. 3 BGB touched in this case. About the law firm 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 is a business law oriented law firm and represents several German insurance companies.

Taylor Credit

Finding out a home with the bad credit is often hard, especially in this present economic scenario. No. (Similarly see: Philadelphia Real Estate). credit check apartments are for those own credit score who are found worried about their and do not think they could get to apartment through any other method. This means that tenant be able to sign want a lease without even having to worry about checking out their financials. Before getting any of these rental homes, all applicants require to pay attention to some of the key details.

The very first thing required to do is take a look at the no credit check apartments and so to make sure that they are livable. Learn more about this topic with the insights from Vadim Belyaev. Since the owner of the complex has lot more risks having them live there, the applicants require to make sure that their living quarters are in good condition. They therefore require seeing whether it will cost much more to live in a no credit check apartments. Some of the rentals are created with a purpose of not having the finance background clearance. That is the reason why they provide such great deals with the no credit check apartments. However, some are reasonably priced that it doesn’t matter whether there is any clearance or emergency. It is significant enough to check out a no credit check apartments. Doing this, the potential tenant wants to be able to decide if this is the right route to take.

If there are no other alternatives, then the applicants simply need to conduct a research and then find out the best alternative for them. When it of about getting no credit check apartments, the good require taking a lot of things into consideration. One location is; the other is space and finally the cost. All applicants require making sure that they do not settle for any rental home which might be less than the best in the price range. The applicants should always be mindful about their own credit. Minda Taylor is author of no credit Checks.For more information about no. credit check loans, no. credit check computer visit

Slovenia LeaseRad

LeaseRad goes one step further than vendors with new cooperation sustainable and future mobility solutions the LeaseRad GmbH made a further step as a provider of sustainable mobility solutions around the bike fleet now: the cooperation with E.Ziegler metalworking AG, specialist in roofing, opens the way for the creation of bicycle-friendly infrastructure – in particular for the promising E-bikes in the business area. Currently LeaseRad presented itself at the 25.3 with the new partner at the bike show with the MetroMobile Conference”in Berlin In contrast to electric car charging Pedelecs and E-bikes is much more complex and needs a special charging infrastructure”, says Ulrich preacher, Managing Director of the Freiburg Radmobilitats experts. Our cooperation allows us to our system competence as a full service provider around the bike fleet in the company to one with the experienced AussenanlGen – and roofing specialists Ziegler very important area to complement. With the SchafFUNG of a compatible charging infrastructure we can now offer our business customers complete solutions for their sustainable fleet”. Because: where an outlet is sufficient at the electric car, an E-bike needs a safe parking and a covered! Power pump. The Kooperation of the Baden-Wurttemberg companies means to further progress on the leading E-wheel mobility market. Already LeaseRad offered in addition full service tire service, design of the wheels in the corporate design and many other more independent lease bicycle fleets with maintenance, repair, insurance. The concept of LeaseRad forms an interface between bike retailers and B2B customers and shows that climate protection, health, and cost savings to bring sustainable small businesses and local authorities undertaken under a hat! “, as is Ulrich preacher Credo.Die LeaseRad GmbH has already been” multiple awards for the business concept of sustainable E-mobility concepts and leased bike and E-bike fleets at the Frankfurt construction company ABG, the city of Stuttgart and the Munich Unicreditbank. Ziegler metalworking mill stands for roofing and AussenanlGen: waiting room, Pavilion, park bench, bike racks, or just like in cooperation with LeaseRad, canopies for electric bike charging stations. For two years the AG deals intensively with seat in Leonberg with mobility.

Internet

ForestFinance buy online forest possible. ForestFinance offers older Acacia forests in the Internet to the online selection and purchase. Tree two in one, online catalogue”can interested parties select their personal woodland and previously by means of photos, film and aerial advance about their investment become an accurate picture, see click/12 tree-ga-cl.html GreenAcacia – only 7 years term, every year about 6 percent yield: the GreenAcacia invest in 0.25 hectares of an already existing Acacia plantation to 2,250 euros, hectare for 8,450 euro. Check out Vadim Belyaev for additional information. The short period of only 7 years and a yield of up to 6 percent make it especially attractive this forest investment. The management costs, a fire insurance for the first five years, and in addition the insurance areas are already included in the price. In addition, the Acacia forests have many environmental benefits: the plantations are gradually through native trees enriched and in species-rich, sustainably managed Converted to mixed forests. These provide new Habitat for rare animals and plants, and also contribute to climate protection. BaumSparVertrag – your own new tropical forest from 33 per month: even at the entry-level product BaumSparVertrag there is the possibility of online in the Internet to choose its own tropical forest area itself.

At the BaumSparVertrag 360 be afforested for 33 monthly or once each 12 trees on a lease area. The minimum deposit period is one year. Also here, a fire insurance for the first five years, after planting warranty and in addition the surfaces of insurance in the price are included. The yield forecast is four to nine per cent. To the one, two, tree”page of the BaumSparVertrags, choose click/12tree.html of ForestFinance: the Bonn ForestFinance group manages a total 16,000 hectares of ecological agroforestry and forest areas in Latin America (Peru, Panama, Colombia) and Viet Nam. She specialises in forest investments, the lucrative return with combine ecological and social sustainability. ForestFinance awarded Global Award in the field of “Financial Services” partner as the only company worldwide with the FSC. FSC is a label for environmentally and socially sustainable forestry.

Interested parties can choose between different products at ForestFinance and invest in different models of sustainable tropical forestry: in the BaumSparVertrag a tree per month are planted for 33 euro per month each. The yield forecast is 5% to 9%, see the WaldSparBuch offers 1,000 m2 tropical forest with return guarantee. For investors who wish to replant 10,000 m2 with option on real estate, WoodStockInvest is the right product. CacaoInvest is an investment in fine cocoa and wood, with possible annual payouts already from the second year. GreenAcacia is a forest investment with only seven years total term and annual payouts.

Deposit

With the deposit, security should be given the landlord it is customary in Germany that a deposit will be the landlord of tenants for rental housing. This deposit is to reassure the landlord, that claims even after the official rental period and after the lease of the tenant no longer flow, be balanced can. While the German law of tenancy but foresees strict rules for deposit when renting a home, however. It is both bail upwards and capped as also will the landlord provided, what he has to make with the deposit while the stock of the lease. The landlord is not allowed to use the security deposit for their own purposes or to mix with own funds. The tenancy law instead requires the landlord, that he the amount of money he receives from the tenant, has to get to a Bank and lay at a normal interest rate has.

The interest obtained on this facility are also not the landlord, but belong to the tenant. You are but not in him paid, but increase only the safety of the landlord. At the end of the lease the lessee receives the full amount of money along with the in the meantime accrued so by the landlord, if no claims of the lessor are more unclear, for which the deposit serves as a security. The amount the landlord may require maximum three times of the monthly rent from the tenant. A higher deposit is required by the landlord, you can politely but firmly oppose having regard to the applicable law of tenancy.

It should be every landlord be aware but that also a rental security doesn’t even begin to compensate for the damage that a tenant can potentially inflict over three months rent. You must imagine alone, what happens if the tenants of overnight stops rental interest payment. The lessee will speak out while the termination without notice him in this case, but that does not mean that the tenant actually leaves the apartment. The tenant may rather even months after the Termination at the home remain. Then, nothing else remains the landlord to work harder as an eviction at the competent local court. Usually he will need a lawyer for this, which it in turn costs money. Has he then obtained a ruling vacating the title, he must make an advance even the bailiff for the evacuation of the apartment. Not rarely the clearance costs several thousand euro alone. And for all of these additional costs including lost rental, the landlord there at the end with a deposit of three months rent.

Notary

The same applies to a forest purchase price below EUR 2.556. 2. notary costs when purchasing forest is a forest real estate, purchase a forest according to a real estate purchase. The signature of the contract must be imperative therefore BGB before a notary. Notary costs when purchasing forest about 1.5 percent of the purchase price. Forest buyer must bear the notary costs, if not the Division of notary costs between seller and buyer agreed when purchasing forest. The notary required advance following information why you necessarily previously must sit some time with the purchase of a forest with him in connection to the preparation of forest contract: addresses and dates of birth of the seller’s and buyer’s name of the municipal area, corridor and parcel number of the forest plot size in square metres price per square meter and forest purchase total information on rental or lease conditions information about the mode of payment of the purchase price.

Up to the notary on the purchase of forest, the notary will check the land registry information. This, he explains, if the seller of actual forest owner is and whether it is unencumbered by mortgaging. To keep as low as possible notarial costs and real estate transfer tax when purchasing forest, forest seller and buyer agreed in the past sometimes, in the official contract a lower sum instead of the real forest purchase price to employ. This is punishable by law. There is also the danger that you get at a big difference of the notarial purchase price to the traffic value problems with the IRS. 3. a Verwaltungsgebuhrvon is when purchasing forest at the competent municipality other administration costs when purchasing forest for certificate issuing on non-exercise or the non-existence of a right of first refusal right approximately 25 euro. II. annual costs are the non-recurring costs when purchasing forest after forest purchase amounting to its relatively fixed by about five percent or six point five percent.

Alexander Bredereck

Certified specialist lawyer for rental and property law Alexander Bredereck, Berlin, to the right of the lessee and lessor, if the apartment in bright colours will be returned. Some tenants like it colorful. In the home loss the landlord finds shocked that the lessee has given free rein his life and painted all the walls in bright or very dark colors. The problem: So he gets not rented on the apartment. The apartment must therefore be repainted. But by whom? First of all it depends whether or not the beauty repair clause in the lease is effective. If you are unsure how to proceed, check out Atlanta Apartments.

The beauty repair clause, such as in many leases of more recent date, is effective, there is no question. The creative tenants must paint rightly carry the walls in white as long, until the including this color is no longer visible. If necessary he must lay the new wallpaper. Should the beauty repair clause be invalid, there are dishes that then see a damages claim of the lessor, if the tenant does nothing. So recently the Landgericht Essen in an appeals ruling by the 17.2.2011 (AZ. 10 S 344/10).

“The Court decided that the tenant despite ineffective beauty repair clause had to pay the cost of the new coating, because the apartment an unusual color condition” had. The ruling is controversial. It is quite possible that another court would otherwise decide a similar case. Specialist Attorney tip tenants: If you want to paint your walls coloured, this can not forbid you the landlord during the lease period. But better, make sure that the colours can be easily paint over. It may be that you need to pay dearly a painter apartment in passing. This an ineffective beauty repair clause can’t save in circumstances even you. Should be easy to paint over your colors, however, evidence that the landlord himself must delete speaks always assuming the beauty repair clause is invalid. Trade lawyer tip landlord: in case that the beauty repair ineffective shows the Court of country food, then a claim for damages against the former tenants can be given. The colors are too aggressive to contain, similar damage to the leased property that the tenant must eliminate see excessive smoking.

Audiovisual Act Government

We know a little more future new Audiovisual Act Government approved last October 16, 2009 the draft General Law on Audiovisual communication. This new legislation has as main objectives: improve the current renewal of licenses for strings, redistribute the different television productions broadcast times, offer a greater control on the contents for the protection of minors as well as regulate the amount of advertising broadcast by chains. Renewal of licenses existing current law indicates that the renewal of licenses for strings will be conducted every 10 years, always giving the last word to the Government. Learn more about this topic with the insights from Grand Bahama. As well, the new law renew automatically licenses every 15 years, if they comply with the Radioelectric public domain rates payments. The chains will be able to lease part of their bandwidth, even to be able to offer to third parties up to 50% of the same. Limitations of exclusivity a matter that has raised controversy is limitation of exclusivity in the broadcast of events (such as football games), because the law gives priority to the right to information of the citizens. Empowerment of production europeOtro point of interest is the reserved time to European works broadcast, which must be 51% of the broadcasting time of the chains, both autonomous and State.

They may be alternative productions or European works in any of the official languages of the country. They are excluded from this percentage: News, sports events, games, advertising, teletext and teleshopping. Vadim Belyaev, New York City often says this. Minor’s face protection to the protection of minors, the law prohibits issuing open pornographic content and gratuitous violence by restricting them between 10 p.m. and 06 h and always encoded or low parental control. More moderate lewd content, but of equal involvement for minors, must also lie in this timeslot and must be preceded by acoustic signals and Visual. Also, gaming and betting (the ubiquitous TV call) programs will be limited from 01 h to 05 h in the morning, either in open or encrypted. What happens with advertising? As for advertising, the text CITES that it should not produce moral or physical damages to the minor () during protected time thus preventing contents that promote the admiration of third parties or ads that promote an excessive cult of the body which could create own image rejection.

Advertising in general see its duration trimmed since the new law sets a maximum of 19 promotional minutes per broadcast hour, distributed in the following manner: 12 minutes of conventional ads, 5 minutes of self-promotion and 2 more than telepromociones.Conclusion must await the law enters into force for evaluating the results. At the moment there are who applauds it, since it seems to offer numerous benefits with regard to the protection of minors, the decline in advertising or the expansion of content of European production. On the other hand, advertising agencies, chains and different political formations seem to have discrepancies with some aspects of the law, either economically or content. The controversy, once again, is served.

Michael Angele

Amtsgericht Hamburg-Altona in his judgment of the 14.02.2012 – 316 C-275/11 any use of an apartment through extensive illicit cultivation and use of cannabis is an important reason for the termination iS of 543 paragraph 1 sentence 1 BGB dar. The main tenant must leave BGB attributable to the fault of his subtenant in accordance with 540, para. He is liable for the negligence of the sub-tenant as for the fault of his own. Thus, the District Court of Hamburg-Altona in his judgment of the 14.02.2012 – ruled 316 C-275/11. In this particular case, the tenancy was since 1990.

The tenant had sublet from April 2009 the apartment. The lodger illegally grew cannabis plants in the home. During a police search of the House was found next to the plants of many technical devices intended for the cultivation of cannabis, as well as sales-ready packaged marijuana. The landlady announced the tenant then without notice, that is without having issued a previous warning, recalling the drug cultivation, said the tenant without notice, that from the activities of this Subtenant had no knowledge. The AG comes to the conclusion that any use represents an important reason also to immediate termination of the main lease the apartment by the lodger as a result of the extensive illicit cultivation and consumption of cannabis in balancing the interests of landlord and tenant. According to the decision of the District Court, it is not that the offence was committed not by the tenant, but her lodger, as the (main) tenant attributable to the fault of their sub-tenant is must. This in turn has resulted in that the main fault of the sub-tenant just like for the fault of his own shall be liable for.

In addition to the reported negligence of the tenant is the interests to be taken into account also the legitimate interest of the lessor, the dangers to protect against their other tenants and especially children living in the House and youth, which emanate from the cannabis cultivation in the leased object. The tenant could itself, however, does not claim that the Excerpt of the subtenant, who was responsible for the cultivation of cannabis, termination so that in hindsight has been dropped. Terminates with the termination of the tenancy and this also a subsequent conduct of the lessee changes nothing.The AG continues that a warning was here exceptionally expendable, because the trust was already completely destroyed and also by binding behavior in the future no longer could be restored. Note: The opinion of the AG of Hamburg-Altona is quite understandable in relation to the cultivation of cannabis in the apartment for rent the thing after. The signatory is noticed but in the past frequently, that the lease agreed from the outset the consumption of cannabis as a major reason for termination. If this clause is lawful, is questionable and will require further consideration and decision. Lawyer Michael Angele, Trier

Energy Transformation

BWE Conference wind energy project planning shows opportunities for productive cooperation between authorities, authors, and property owners, regional and local planning communities provide a Herculean task currently, with the creation of regional and land-use plans to speed up the development of wind energy. The official representatives of several federal States on the BWE Symposium onshore showed this wind energy project planning. Over 90 participants gathered from 16 to 17 October 2012 in Hamburg to discuss current topics, such as regional planning, repowering, and wind in the forest. Especially the lecture of the federal countries initiative, which represented the strong efforts to unify an approximation of the various wind energy requirements in the provinces, such as the spacing recommendations, if not to approach, even met with positive response. In the course of the Symposium, the focus is on the lease fell: A contract after the possibility of a successful cooperation of Land-use planning, property assurance and acceptance measures results. Against this background Jann Berghaus held member of the Legal Advisory Board of Bundesverband wind energy, a remarkable presentation with specific instructions for the design of such a contract.

As his portrayal of the currently usual lease heights in the wind power industry was enlightening. The discussion between speakers and audience quickly revealed the divergent interests of wind energy authors, municipalities, land owners and operators. Accordingly unanimously expressed the view that acceptance of measures, already now very widely used in the wind industry, must be continued. The planning and also financial aspects of wind energy will be continue on BWE events represented by experts and discussed: Conference on financing and direct marketing 8-9 November 2012 Dusseldorf > program: seminar events onshore wind energy – financing and – direct marketing Wind park project planning phases of planning, funding and approval 15-17 January 2013. Berlin > program: events-windpark-project planning planning phases financing and-approval 2 WindEnergie leading Federation regular networking and training events on current topics of wind energy through. Information about the registration and the complete event program of the BWE, see events contact: Thorsten Paulsen, head of events & corporate publishing Bundesverband WindEnergie e.V.