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Landlord ‘right’ to expel tenant over insults

A court in Munich has decided that a landlord acted within the law when he threw out his tenants over a barrage of insults.

Published: 11 May 2015 10:42 CEST

Landlord 'right' to expel tenant over insults

Photo: Shutterstock

The parties were already wrapped up in several other lawsuits relating to the landlord-tenant relationship when the phone rang at the landlord's house at around 6 am on a Saturday last year.

It was the tenants, calling to complain that the water temperature in their bath was only 35C rather than the contractually agreed-on 40C.

When the two met in the courtyard later that morning, the landlord asked to be allowed into the flat so that he could check the temperature.

But the tenants refused, saying that the water was the same temperature throughout the building.

Court documents show that in the process, the husband lashed out with a volley of insults, including calling the landlord a “certified arse”.

A few weeks later, the landlord announced to the tenants that he was cancelling their contract without notice over the insult.

The tenant claimed he had been provoked, saying the landlord used the familiar “du” and physically attacked him – meaning that the cancellation was unjustified.

But the judge at the Munich civil court found that the insult was so bad as to breach the terms of the contract, meaning that the landlord couldn't be expected to continue renting the flat to the tenants.

The law distinguishes serious insults, which reveal the contempt of the person using them for the honour of their target, from simple impoliteness.

Calling someone a “certified arse” was an injury to the landlord's honour, the judge said, and had completely destroyed the relationship of trust between the two.

An important factor in the decision was the fact that both parties lived in the same building and regularly encountered each other – with the tenant failing to use any of those opportunities to apologize.

A spokeswoman for the Munich Tenants' Association told the Abendzeitung München that "a cancellation without notice should always be the last resort.

"This judgement reduces tenants' rights yet again. Landlords can get away with more and more. Tenants can't defend themselves, because they always have to worry about a cancellation without notice."

SEE ALSO: Man wins court battle over loud footsteps

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How a German 'Mieterverein' can help you reduce your rent

There’s a truism that applies to many areas of life in Germany: there are plenty of rules and legal protections, but the vast majority of people don’t know them.

This feels particularly real when it comes to the world of renters’ rights. As a nation that generally prefers to rent than to buy, Germany has a huge range of in-built protections for tenants – but that doesn’t always stop landlords from bending the rules.

The best way to make sure you’re getting a fair deal is to try and get familiar with your rights, or enlist the help of somebody who knows them inside-out.

That’s where the concept of the Mieterverein, or tenants’ association, comes in. These member-only organisations are there to advocate for the rights of tenants, keeping illegally high rents and other dodgy practices in check for renters in Germany.

These types of associations can be a life-saver for foreigners who may struggle with the German language and German law, and could even help you save money in the long run.

What is a Mieterverein?

A Mieterverein, or tenants’ association, is exactly what it sounds like: an organisation that stands up for the rights of tenants. It works by offering affordable memberships for renters – usually costing somewhere between €50 and €100 per year – which is then used to provide legal advice and representation, as well as advocacy and lobbying work.

Ultimately, the idea is about strength in numbers. Instead of a single tenant taking on a big landlord like Vonovia or Deutsche Wohnen, a collective approach gives renters both more bargaining power and more resources.

Following this principle, many of the regional Mietervereine have clubbed together to create tenants’ associations in their state, which ultimately belong to the Germany-wide umbrella association, the Deutscher Mieterbund (DMB).

There are 320 associations currently active in the DMB, with the largest being the Berliner Mieterverein with more than 190,000 members. This is followed by Hamburg, with 78,000 members, and Munich, with 63,000.

READ ALSO: How foreign residents in Germany are winning rent reductions

Members rely on tenants’ associations to assist with anything to do with Germany’s tenancy law. That means poring over rental contracts, ironing out difficulties with landlords, challenging rent increases or overly high rents, and fighting unfair or illegal evictions.

Of course, one of the most compelling reasons to join is to keep high rents in check – and find out if you could be eligible for a reduction.

How can a Mieterverein help lower my rent?

Though it may not always feel like it, the vast majority of areas with a tight housing situation in Germany are subject to fairly stringent rental controls, known as the Mietpreisbremse.

These controls were mandated in a 2015 law that has recently been extended to 2029. Though there are some loopholes, the rules generally dictate that cold rents should be no more than 10 percent above the average rent for comparable properties in the same neighbourhood.

READ ALSO: German rent brake to be extended until 2029: What you need to know

The ways for calculating this are complicated but all you really need to know is that they are based on something called the Mietspiegel: a huge table charting the average rent prices based on factors like a property’s size, location, age and facilities.

Berlin prenzlauer Berg

Flats in the Berlin district of Prenzlauer Berg. Photo: picture alliance/dpa | Monika Skolimowska

One service tenants’ associations can offer is to compare your rent against the Mietspiegel to see if you’re being charged too much.

To do this, they’ll look at your contract and ask you a series of questions about your rental property. If it turns out the rent is illegally high, Mieterverein lawyers can help you draft a letter to officially challenge your rent and ask for it to be reduced.

Some tenants’ associations also offer legal protection insurance (Rechtsschutzversicherung) as part of their memberships, which can help you deal with any issues that may arise with the landlord later on.

What about annual rent increases?

In most cases, these can be disputed as well. Under the Mietpreisbremse rules, rents can be raised by a maximum of 20 percent in the space of three years. This can be good grounds to challenge a big annual increase in rent – but it isn’t the only way.

The legal representatives at your local Mieterverein will be able to help you dispute increases in rent, as long as you don’t agree to these increases straight away.

Once again, the increases may be based on a shaky foundation of illegally high rents to start with, so it’s always worth getting everything checked over in full by a qualified lawyer.

It’s also worth keeping an eye on any issues with your apartment, such as broken fixtures and fittings, because these can be grounds for a rent reduction until the problem is fixed.

READ ALSO: How to get a rent reduction for problems in your German flat

Advisors at the Mietervereine will not only be able to tell you what are grounds for a Mietminderung (temporary rent reduction), but also how much you could be entitled to.

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