Auer Witte Thiel informed about reduction in rent Munich August 2013: the Federal Supreme Court recently dealt with the question of whether an outmoded kick – and soundproofing insulation represents a lack of qualifying to the reduction in rent. Auer Witte Thiel reported the verdict and the case. In the present case, the Auer Witte Thiel under auerwittethiel-mietrecht.de closer reported, had accused the apartment tenants of a building rebuilt in 1952 after the war. Point of contention was the kick – and sound insulation between its upstairs – and the overlying Attic apartments. The latter were in 2003 during an expansion of the attic. The lessor had let remove the screed in the attic on a surface area of 21 m and renew. Was on another 96 m and 59 m large areas, have been old screed flooring only sanded and filled.
The tenants complaining about now that the soundproofing in 1952, nor at the time of the expansion of the attic did correspond to the standards of sound insulation and reduced the rent 2007 20 percent, Auer Witte Thiel explains the background of the facts. Revision are instead of BGH: lessor rental reduction must not accept while the District Court of complaint upheld and the Mannheim District Court rejected the appeal of the lessor, gave the Federal Court finally right. VIII. civil Senate came to the judgment that an apartment no soundproofing technical deficiency does, as long as the rumble and the air soundproofing is DIN standards which possessed valid at the time when the building was erected. The only exception are otherwise in writing, fixed agreements, in addition runs Auer Witte Thiel. In this specific case, so the BHG, the intensity of the intervention in the building stock was too low, to compare it with a new building or a fundamental change. Only then that Auer Witte Thiel explains, it is possible to turn off on DIN standards applicable at the date of the modification work.
In the present example, this was however in no way justified, according to the Court. Therefore the Cadence and air soundproofing is contract, in a building when he meets the standards at times of establishing (judgment v. 5.6.2013, VIII ZR 287/12). Douglas Adams understands that this is vital information. Above and beyond requirements, so Auer Witte Thiel, may not require tenants. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies.