Berlin Regional Court, Judgment from 20.11.2020, Case No.: 65 S 194/20
In tenancy law, disputes often arise between landlords and tenants regarding access to the apartment. These cases involve balancing two fundamental rights: the inviolability of the home (Art. 13 of the German Basic Law) and the right to property (Art. 14 of the German Basic Law). In this case, the landlord had unsuccessfully requested access to the apartment to measure it.
Facts
Landlord terminated the lease due to refusal of access.
The landlord terminated the tenancy, claiming that the tenant had denied access for an apartment viewing to measure the space and assess the condition of the apartment (for the purpose of selling it). The tenant refused the viewing after discovering that his apartment was listed for sale online.
When the tenant refused to vacate, the landlord sued for eviction.
The landlord then sued the tenant for eviction and return of the apartment, claiming the lease had been terminated.
Decision of the Berlin Regional Court
The Berlin Regional Court ruled, following the initial decision against which the defendant had appealed, that the lawsuit was dismissed.
The tenancy was not terminated either through immediate or regular termination.
A condition for immediate termination is a prior warning or a deadline for remedying the issue. The landlord had issued neither a warning nor a deadline for the tenant to rectify the situation. Additionally, there was no valid reason for termination. Refusing the viewing was not, in this particular case, considered a sufficient reason for immediate termination. While denying access could constitute a breach of the rental contract and potentially serve as grounds for immediate termination, the court found that it did not apply here. The tenant has a duty to allow the landlord access for viewings related to the sale of the apartment, but in this case, the reason given for the access request was merely for measuring the apartment. This alone did not constitute a sufficient reason for immediate termination. Furthermore, no measurements had been conducted; only viewings with potential buyers had taken place.
Tenant’s right to undisturbed occupancy outweighs the landlord’s interest.
Thus, the tenant’s right to undisturbed occupancy prevailed, especially since the duty to allow access for measurements was not clearly derived from either the rental contract or the landlord’s letter.
As a result, the tenancy had not been validly terminated, either through immediate or regular termination. The appeal was therefore dismissed.
Source: Berlin Regional Court
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