Schöneberg Local Court, 18/02/2016, Ref.: 106 C 282/15
Facts of the case: Demand for asbestos removal
In this case, the landlady sued her tenant for tolerating an asbestos removal in her flat. The tenants had previously asked the landlady to renovate the floor coverings due to potential asbestos contamination. The owner then had an expert report drawn up.
Results of the expert opinion: No acute asbestos exposure detected
The expert report revealed that both the flooring in the living room and on the balcony were contaminated with asbestos. However, no asbestos contamination could be detected in the so-called lying dust due to existing damaged areas in these floors. No PAH contamination could be detected in the indoor air either. The tenant stated that the damaged areas in the floors had existed for more than 30 years.
Refusal of the tenants: No move to alternative flat
The tenants rejected an offer to move to an alternative flat financed by the landlord in the meantime. They argued that the planned refurbishment was a modernisation measure and saw this as the actual reason for the landlord's lawsuit.
Judgement of the Schöneberg district court: toleration of the refurbishment measures
The Schöneberg Local Court ruled in favour of the landlord and ordered the tenants to tolerate the renovation and repair measures. The court considered the measures to be necessary for the maintenance of the rental property, even if no acute asbestos contamination could be proven. A continuing danger from the asbestos-containing floor covering could not be ruled out and the health risk for the tenants remained. Therefore, this was not a modernisation measure, but a measure to remedy defects.
Source: District Court of Schöneberg
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