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