Judgment Rent termination must not lead to serious damage to health

Federal Supreme Court: 97-year-old can remain in apartment despite insults for the time being
Karlsruhe (jur). If a caretaker of a woman in need of care offends her landlady as a "terrorist" and "Nazi-like brown manure pile", this may be the reason for a termination without notice. However, threatened with the termination of the apartment "serious health impairment or mortal danger," there is a hardship, so that no longer the necessary important reason for the termination without notice, ruled on Wednesday, November 9, 2016, the Federal Court (BGH) in Karlsruhe ( Az .: VIII ZR 73/16).

In this specific case, a landlady wanted to put a 97-year-old demented and bedridden tenant on the street. The woman has been living in her three-room apartment in Munich-Schwabing for over 60 years. In 1963, she had also rented a one-room apartment with her deceased husband in the same house and floor.

No lease cancellation if there is a health risk. Image: Dan Race -fotolia

With the consent of the landlord, the caregiver of the demented woman was allowed to live in the one-room apartment in 2000. He does not only take care of the legal affairs of the bedridden woman, he also looks after her all day long. Concerns against the man had turned down the caretaker court, as this the old woman "devotedly care".

But when it came again and again to unpunctual rent payments and noise disturbances, the landlady announced several times the tenancy, without initially pursuing this. However, the caretaker responded to a rental termination from 2015 with an e-mail to the property management and under the belt. Literally he wrote: "terrorists end up at least in jail! and you are very hostile and very dangerous terrorist Nazi-like brown dung heap on their own !!! "The landlady is a" snakehead ..., she is making herself ridiculous like a monkey ".

The landlady would not let this offer. Since the 97-year-old demented woman is the tenant, she received the dismissal without notice because of the insults of her supervisor.

The district court of Munich I ruled that the landlady did not have to put up with the insults. The demented old woman must be credited with the statements of her supervisor.

The BGH ruled that this was basically the case. However, the district court has not examined whether threatened with the termination of the 97-year-old without notice "serious health or mortal danger" if they can no longer stay in their familiar environment. Then the right to bodily integrity enshrined in the Basic Law has priority.

Although the landlady could revoke the consent for an important reason that the caregiver in the one-room apartment of the 97-year-old lives on. But here too it must be checked whether the removal of the caregiver involves serious health disadvantages. If this is the case, the extract can not be required for hardship reasons. All this now has to be checked again by the district court. fle