55th Berlin Property Talk
Rights and obligations in the event of personal use
When & Where
Tuesday | 4 June 2024 | 7:00 pm
Live via Zoom
Experts
Stefan Czink, specialist lawyer for tenancy and residential property law
Achim Amann, CEO Black Label Immobilien
At the 55th Berlin Real Estate Talks, the complex and often controversial topic of owner-occupancy cancellations was examined in detail.
A central aspect of the discussion was the comparison of the hardship regulation and genuine personal use. The hardship regulation allows tenants to object to a termination for personal use under certain circumstances. Reasons for hardship can include serious health problems, old age, lack of alternative accommodation or strong social ties. This regulation ensures that the interests of tenants are taken into account if the termination of the tenancy would represent a particular hardship for them. Lawyer Stefan Czink emphasised that these reasons must be explained in detail by the tenant and, if necessary, proven in court. The court then weighs up whether the interests of the landlord or the tenant outweigh those of the tenant.
On the other hand, there was genuine personal use, which is often difficult to prove but is supported by flexible legal interpretations. A particularly interesting example in the discussion was the so-called head physician judgement. This case concerned a head physician who claimed a flat in Berlin for his daughter, who wanted to study there. The flat was registered as a second home and the head physician planned to visit it occasionally. The court ruled that the occasional use of the flat by the head physician to be in the city with his daughter was sufficient to justify a termination for personal use. It was found that a physical presence of a few days a month can be sufficient to substantiate personal use, provided that the use of the flat is credibly and comprehensibly justified in the context of the family relationship. This judgement shows that the courts have a flexible approach when assessing personal use and that it is not the permanent use but the family intention that is decisive.
Another interesting case discussed in the interview concerned a scattered family that only meets for two to four weeks a year in a flat that they use as a meeting place. This was also sufficient to claim personal use. This case illustrated once again that it is not the amount of time spent in the flat that is decisive, but the real need and the family ties that justify the personal use.
In addition to these exciting case studies, lawyer Czink emphasised the need for landlords to consider the social situation of their tenants. Particularly in the case of older or socially weaker tenants, one should proceed sensitively and, if necessary, refrain from giving notice. The discussion impressively shows how important it is to consider not only the legal but also the human aspects.
For all landlords and tenants, this video offers valuable insights and practical tips on how to avoid legal disputes and find constructive solutions. Watch the Berlin Property Talk on YouTube to find out more about these fascinating topics.
Expert of the live talk
Stefan Czink
As a specialist lawyer for tenancy and residential property law, Mr Czink is is known far beyond the borders of Berlin for his meticulous and detail-orientated work. As a recognised litigation lawyer, he has extensive experience in advising property owners, condominium administrators and tenants. https://www.rechtsanwalt-czink.de/
