If you are a landlord of an apartment and belong to an investor community, the recent BGH ruling strengthens your rights.
According to the latest BGH ruling, shareholders in an investor community who have joined together to form a "civil law partnership" (GbR) have the right to register their own use of the apartments that have already been rented out. In order for the tenant to give notice, however, the need must be justified.
Personal need as a pretext:
The starting point for the judgment is an ongoing legal dispute between decades-long tenants and their landlord, who is in a GbR. He registered his own needs for his daughter. The offer of a replacement apartment, which was available at the time, did not materialize. Instead, the investor community is rehabilitating their property and dividing it up into lucrative condominiums. An aspect that gives the impression that the reason originally given was merely a pretense. The Munich district court is currently examining this.
Even after the BGH judgment, a thorough individual case check is inevitable and concealing reasons lead to the invalidity of the termination and the claim to personal use.
Replacement apartments are no longer a requirement:
The previous regulation, after terminations due to personal use become ineffective if the landlord is not able to offer a replacement apartment in the same building, was repealed with this BGH judgment.