Verdict Heavy illness can prevent housing clearance

Federal Court of Justice: Courts have to check carefully when renting a hardship case
Karlsruhe (jur). Landlords can not just put a tenant at the door in the event of serious health problems. If a tenant, after receipt of a self-employment termination, is exposed to the risk of serious health impairments or mortal danger during a move, this must be examined by a court with expert assistance, the Federal Court of Justice (BGH) in Karlsruhe ruled on Wednesday, March 15, 2017 (Ref .: VIII ZR 270/15).

The now-decided lawsuit was about a retired couple who has been renting a three and a half room apartment in a multiple dwelling since 1997. The well over 80 years old man is very limited health. He also suffers from incipient dementia. His still sprightly wife takes care of him.

(Image: pololia / fotolia.com)

The landlord, however, claimed own use and terminated the lease. The family also lives in the house of four family of his son need the extra space. After the death of the landlord, the heirs pursued the eviction action of the deceased landlord.

The tenants claimed that they could not get out of their rented apartment. A move would aggravate the man's dementia, as he would be torn from his usual environment. If the apartment was lost, there would be no alternative but the nursing home. The wife explained that she had to leave her husband or go to the nursing home; she does not want both.

The district court Baden-Baden assumed that a move with the dementia-ill man actually goes along with a threatening health deterioration. Nevertheless, the interest on landlord side priority. The cramped living conditions of the son are unacceptable.

But so that the court has not dealt with in the required manner with the hardship reasons of the tenants, the BGH ruled. Especially in the case of imminent serious health problems or mortal danger, courts are constitutionally required to examine precisely these hardship causes and, if necessary, to seek expert help. It would have to evaluate the expected severity of possible health impairments and other consequences of moving.

The district court had not complied with that. It must therefore make further factual findings on the specific case, the BGH. For this he referred the procedure back to the Regional Court of Baden-Baden. fle / mwo