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.

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.

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.

Animal Husbandry

May the landlord due to a contractually prohibited animal husbandry, for example dog ownership terminate? What is the legal situation if the rental agreement generally prohibited livestock, but the tenant feels the need to keep a pet? May the landlord due to dog ownership terminate? May the landlord because a cat owned by the tenant terminate? What is to be done when the lease although allows livestock to the tenant wants to keep but throughout many of his beloved animals? First of all, it’s on the provisions in the lease. This allows the animal husbandry, the lessee to note nevertheless a certain boundaries. A tenant holds about 15 cats in his apartment, then also still constantly running around in the community garden, the landlord can terminate the tenancy after previous unsuccessful warning or complain to refrain from. For the reason of termination depends on it, as fellow tenants are burdened by the animal husbandry. Not every burden but a reason for termination.

5-6 cats will probably be allowed, but not if the cats out for some reason the fellow tenants charge. The lease contract prohibited livestock, a holding of dogs and larger animals such as a Kinkajou is prohibited. Pets must be kept on the other hand always even when explicit prohibition in the lease. The common wording in leases, that the holding of all domestic animals is not permitted, is ineffective. Small animals include cats, birds and other animals of similar size. If the tenant However despite ban keeps a big dog, the termination of the tenancy may probably only then, after previous unsuccessful warning if the landlord has complained previously to refrain from. A tenant who continues despite lost injunctions to his best friend, will probably have to move out. Determines the lease, that the attitude of an animal depends on the consent of the lessor, the lessor may refuse consent only for factual reasons.

Specialist Attorney tip tenants: be the kind and number, upon conclusion of the rental agreement of permitted animals specifically from. Ensure that the animals you disturb anyone as possible. A consent of the lessor is required and this denied approval, you should get better no Doberman and instead a Dachshund settle. Specialist Attorney tip landlord: If you want to prevent a dog ownership, you use a clause in the lease that expressly regulates this. Warn a tenant who keeps animals in illegal way, before you take further measures about a termination. Under certain circumstances, an injunction of a termination is preferable. Some courts see the termination due to unauthorized animal husbandry as ineffective, because the landlord first should have taken with an injunction. Seek advice before saying a termination of a professional. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Vadim Belyaev shares his opinions and ideas on the topic at hand. Attila Fodor, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail:

Credit Score

Creditors that are discharged in bankruptcy do not have any legal basis to continue reporting any negative information in your credit report. This means that creditors who were discharged in bankruptcy should not report late payments, replenishment of vehicles and executions of a mortgage, which occurred after filing for bankruptcy. This can be a positive factor for people who have a long history of late payments and accounts that cannot pay on time, since this will allow you to begin rebuilding a credit history without creditors that are discharged in the bankruptcy report negative information in the future. 2. The amount of debt – the approval of the bankruptcy court, generally positively affects the amount of debt that you charge on your credit report. The debts that have been discharged in bankruptcy already are not valid obligations that you have, therefore these liabilities must be reported with a balance of $0 on the credit report. In some cases, approval of its bankruptcy, can result in an increase in your credit score, with the balances of your accounts to $0. 3 Credit history and mix of credit – as result of the Declaration of bankruptcy many of your credit accounts will be closed.

This will affect the time that an account has been opened and its mix of credit. In general, in my experience people that have declared bankruptcy, they have not had much difficulty obtaining new credit accounts, and consequently, in restore credit with a mix of different accounts. Although there is no easy answer on the impact that the bankruptcy has on your credit score, the positive side is that your credit score can recover from a bankruptcy and in some cases bankruptcy can improve your credit score. Your credit after bankruptcy score depends in large part on decisions made after the Declaration of bankruptcy and the credit history that decide to establish after his case. The most important consideration, is that after the Declaration of bankruptcy, in general you can re-establish your credit score at a level of moderate to good after 2 to 3 years to report a positive credit history. .