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The most important Supreme Court decisions 2009: An overview

cosmetic repairs and defects

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Missing signature leads to invalidity of the lease rent

A landlord and a tenant argued about the effectiveness of a closed business for 10 years lease. Contrary to the original agreement, the tenant in 2006, said ahead of the termination. Tenant was a public limited company (AG). In 2002, the parties had entered into an addendum to the lease. Here, the AG was represented by its two directors. Signed the agreement but was only one of two board members.

The Bundesgerichtshof (BGH) had to decide now whether the AG to the agreed contract period was bound for 10 years. The Supreme Court decided here in favor of the tenant, because the required written form of the lease was not available. Because the sole signature of one board was not clear whether he had signed for the other officers. The lease was entered accordingly § 550 BGB for lack of writing for an indefinite period. The tenant could therefore at any time.

order to make sufficiently clear that a tenant wants to act by signing for another, there is need for an additive representation (BGH, Judgement of 04.11.2009, Az . XII ZR 86/07). may go

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That landlord at a rent below the ceiling, was also decided in a recent ruling by the highest German civil court. A landlord wanted to increase the monthly rent of 234 € to 270 €. The tenant objected, arguing that within the possible range of rent increase that results from the rents of comparable dwellings, only a mean value is admissible.

The Bundesgerichtshof (BGH) ruled that the rent may be raised to the highest value of the local comparative rent. This is true even if no rent index is available, but a landlord has the comparative rate determined with the aid of an opinion. While rents may rise in three years by more than 20 percent. But this is true only if not the customary reference rent is exceeded. A landlord does not need to choose an average value within the local comparative rent, and be allowed to go to the upper limit (BGH, Judgement of 21.10.2009, Az VIII ZR 09/30

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Protect yourself from Mietnomaden!

Whether a landlord the keys to the rented premises must not hold back so long, until he has received from his new tenants the money for the first month, the district court in Bonn ruled in November 2009. the main issue in this trial was a clause in the lease which gave the landlord a lien.

A similar clause in the lease is allowed, the court ruled. Although fixed tenancy that rent normally be made until the third day of a month is due. In a lease may be waived by this though. In this respect, a clause in the lease clause is allowed, after a tenant has to pay before the handover, the first rent installment. Such an agreement does not constitute undue discrimination against the tenant dar.

The interest of the landlord, the apartment a tenant willing to pay and solvent to pass, here is the interest of a tenant to move into the apartment before (LG Bonn, Judgement of 02.11.2009, Az 6 T 25/09).

My advice: Make sure that option in the lease owner. For if a tenant first moved in, it can take a long time before you can set it for a eviction by a bailiff in the air.

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A value-added real estate broker?

The simple principle with short messages of up to 140 characters and the ease of use make the service attractive to many people. Twitter is no longer a tool only for Internet enthusiasts. Barack Obama used the service for his successful election campaign and scored so with the young internet enthusiasts electorate.

Even German politicians twitter now and are therefore sometimes faster than some well-loved is what keeps the Augsburg city council Moravcik not a Christian Twitter or "live reports" from City Council meetings.

But do not just use private Twitter to send personal status messages to the world. The economy has now discovered the social network for themselves. Companies use Twitter as another - Free and most importantly - increase marketing channel and customer loyalty to the company. With clever use of pop out even a real, countable value. Recently announced, the computer retailer Dell that it has spread via Twitter offers generated by sales of three million U.S. dollars.

yourself deserves mention by the way, no money - this could change soon. For companies to be the Twitter might charge in the future. Specifically, however, has not, so companies can probably still tweet a while for free.

Also for the brokerage industry, it may therefore be useful to use Twitter!

But what options does the "tweet" the broker in detail?

attract customers, maintain and retain:

A close contact with customers is probably one of the most important things in the brokerage profession. Although a Twitter message and will not evaluating a property to replace the creation of a aussagekrätigen exposés or personal contact with customers, together with professional advice on site, he offers but the possibility of contact with customers and prospects a further channel to build and maintain - and without much effort.

How can look like in detail? The broker needs first and foremost an account. Here most relevant and useful information, especially by name, are advisable - after all, the personal Twitter page similar to their own homepage on the internet calling card. Just as important, therefore, is the look of the page that can be with the background and icon images and color customization.

The Twitter account must be made known, of course, because a great number of subscribers / readers (they are "followers" called) always looks good.

The Twitter users subscribe to news from other Twitterers by him "follow" (English: to follow - to follow) and have as their Twitter messages displayed on its own Twitter page. For the purpose of keeping in contact and bond it is appropriate to follow his "followers" too well. So-called "direct-messages" (messages addressed directly to someone) make a personal Response and direct communication with customers, so that the information channels both ways.

follower can be generated in various ways. In a first step can look for the Twitter search for apartment buyers. This should then follow the best, so they are aware of the offer. Of course, should his own Twitter account ready at that time quite a few interesting updates. So you can easily generate the first followers and with some luck and good offers to speak around the quickly.

Also Consequences of Twitter profiles in the property sector is a good idea after all abound on these profiles, logically, most people in the property sector, but interested buyers.

Twitter also allows the opening up completely new groups of customers:

expand customer base:

Already, real estate portals on the Internet are the most important marketing and sales channel and have become the broker newspaper advertisements and notices of date.

The Internet-savvy customers using conventional methods but would find this and other innovative ways such as real estate search engine or just as services like Twitter or Facebook. This target group can be addressed directly to the provision of services under this service. Not for nothing already hundreds of users to Immobilo City profiles follow on Twitter and be powered in this way with the latest and most interesting real estate offerings in each city.

Fast communication:

If the broker a new and interesting Property has on offer, or there is some important news, Twitter offers the opportunity to communicate this quickly and easily - with a "Tweet", ie a contribution, the "follower" immediately and automatically notified of the update. The Internet address "m.twitter.com" allows you to feed updates with an Internet-enabled mobile phone while on the go. One need not only to return to the office to spread the news. offers

In all options, the Twitter for quick dissemination of news, also makes the difference here, the dose between medicine and poison. The Twitter account nonstop to fill with new messages does not help - in fact, probably the follower jump from annoying after a while. apply up to 15 messages a day to be optimal, also makes a neat and regularly updated Twitter account a good impression.

This requires some practice, the information in the pack to just 140 characters - that are even less than 20 characters in a text message. This need not be used unnecessarily many signs of a long URL to offer services such as tinyurl.com and shortening bit.ly of Internet addresses and links.

Fast communication channels naturally have the disadvantage that there is nothing more than the message (or in this case the tweet) from yesterday. A study of bit.ly, one of the above mentioned services for shortening of Internet addresses, has shown that a Twitter link has a half-life of just five minutes. Often, therefore, to see just followers, who are currently on the Internet, the updates.

The very fast pace makes it necessary, therefore, to concentrate on the most needy and most important information - otherwise miss the Follower Perhaps the most interesting. From this perspective, the personal approach wins by "direct message" even more important.

Free marketing channel:

As indicated in the introduction, more and more companies Twitter as other marketing and sales channel. Even if the three million dollars in sales of Dell's Twitter account with a total turnover of 12.3 billion dollars only marginally appears - any additional income is welcome, especially because the use of Twitter is completely free.

Some newspapers have recognized the potential of real estate ads in newspapers and twitter busy with - as examples here are twitter.com / BELLEVUE_online and the Allgäuer Zeitung (twitter.com / Allgäu) called.

The advertising of offers on Twitter gives brokers an additional marketing channel for imagining objects, which will not replace but the portals, advertisements and notices, but could usefully complement.

acting as expert:

customers are grateful for tips, tricks and interesting information. Just housing, moving and relocation arrangements are not an everyday thing for many - and that is why they are grateful for any support.

It is also the "tweet" of interesting news from the world of real estate or rental law - to name just two examples. Remember the "follower", a Twitter profile that is current and informative talks, the are around quickly and almost certainly new followers. A not insignificant point in terms of image building.
be maintained

addition to the recent profile must, of course. All necessary information such as name, location and Web address should be as up to date, additional information are most welcome. With graphics and images can also give the profile an individual touch.

the allowed 140 characters at Twitter have not much room for long explanations, but a short note and a link to an interesting and informative site are often enough already.

View and informed:

information on Twitter are not all one way. You can not only inform faster but also be informed faster - no matter whether these are trends, ideas or messages now.

Networking:

The on Twitter used system of follow (same follow), follow (be accepted), Direct Message (direct messages), and Re-Tweet redistribute ( ) enables the development of the whole network. Just by re-tweets, messages often spread more quickly, even over the actual Group of "followers out. An example: If you have a particularly attractive, sensational or spectacular offer, also know in a very short time thousands modest about it. Which means you are again in client acquisition.

Conclusion:

The brokerage industry is changing, that can not be overlooked. Whether controversial judgments about totally non-traditional forms Agents (iMakler) or just new ways of communication such as Twitter. Agents who want to be on the amount of time and want to attract future audiences come to such information channels are no longer around. The most important thing is to find the right mix. Oh, and Twitter is still above all else: free!

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It lives ...

Yes, yes, I'm aware that I've written anything with. So please listen to the push on ;-) So are meant all kinds of modern communication, from the phone, Skype or e-mail. We have to keep covered many have noticed and some know the reason. In due time I will also complete reports run only now just have too many actions that must not be endangered.

With pictures, I was also very lazy, do I have but a very good excuse :-) My little digicam in between had stopped work completely. Well, we still have Elah Cam that I like but do not like and my big cam but for the right shots quickly is just stop the Canon Digital Ixus 400th Anyone who paid attention, remarked at the last images often have a brown stripe along the top and totally false colors. Eventually, she was not at all anymore. So I got you in all components dismantled, reset and re-assembly. Has helped at least to the extent that they will start again ;-) The brown line is still there, but makes the fall of nothing ... anyway everything is kind of brown.

view from the deck of a friend

I can enjoy even if it is not my deck is

autumn's kind of nice :-)

Otherwise, every now and again purely looking at the big bang is intended :-))

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Atlantic Canadians preparing for Hurricane Bill

The storm season starts this year a little earlier. Hurricane Bill which is already announced some time ago, is one for "Juan 2003" to the bad guys. It was at that time in eastern Canada to severe damage. Now in 2009 no one wants to make the same mistake as in 2003, unprepared to go into a storm Weekend. The stores have to be rushed to get enough food and especially water in the house. In 2003, power cuts for several weeks, the rule. The water supply broke down in part. We see the rather calmly, the Gezebo in the garden and will reduce wait times. For drinking water and enough food, we have made in the last week already. Movies for cozy evenings in front of the Fireplace are enough available, car, etc. What should be full tank da go wrong? A lot, I remember because of the fat trees in front and behind our house! Hurricanes are classified from 1-5! Bill is currently a Category 3 hurricane of what is not makes me question the stability of the trees.

order to see exactly when the storm arises where there is the Storm Tracker has served us well last year already good service.

Storm Tracker

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29 degrees ...

... the holidays start. 10 weeks school holidays have ne real house number. But for the really wonderful products to my two boys have brought home, I think that you have earned it. The Summer can deny no longer, the second season in Canada began inevitably. We sit in the garden and sweat in competition. Well at least that is felt for a little wind.

Brakley Beach in the evening

Hippo in Charlottetown

gazebo in the garden :-)

otherwise was all the time about any stress pure. Almost all have to be pushed a U.S. holiday and the whole back and forth to the airport gegondele had organized. We have all together a really nice family , Took pains to adopt the way back to DE. Was really the wrong company. Much love to Daniel, Daniel, and children and we hope that you will NEN good start lying down. Otherwise everything is

us what was important succeeded in time :-) Now it means waiting for the Cavendish Beach Music Festival . Maps we have already (Thanks Dave) concerned. Now it only needs a hat because I've sipped my old.

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Lobster experience

To celebrate its relocation, Jochen was worried yesterday NEN bucket full of lobster. Although we have all schonmal are such an animal in the store to see but really had not yet eaten. Full of curiosity about the unknown, was first played with the food.

Are they real?

In fact ... it takes lives.

lined up ready to march into the kitchen.

a lobster so easy to throw into boiling salted water, 20 minutes later adopted the animal has a beautiful red color and can be verspeisst. Unless the plan. Some of the ladies present being bitchy around, however, and required before the humane slaughter of the lobster. * G * There Nix, which is made such as the Internet to read from Chefkoch.de :-)

boils water ... Cover on

Lobster in and wait

20 minutes later, sees it this way delicious.

This was doing the work, we thought. Also, the instructions came from the Internet to break down the fine food. Reading is so simple ... but the time to do what it says. * G * Courageous was the first animal simply broken into pieces, from which we then tried out the delicate meat to fumble. Particularly difficult to put out the pliers, where of course, how could it be otherwise, the tender meat is. Either way, the guns have to. Where is the toolbox ? Somehow reminded me of my first oyster here on PEI.

Where there's a will there's a way.

It is of course faster ...

And the remains of a lobster, at least for us.

was fed on a lot of fun for all its worth. 13 Lobster found their way into the Lobster heaven. Tasted it has incredibly good and although all of them. Clearly there was something to laugh my back, for example, when Jochen had his first lobster pieces weggespachtelt inclusive gut :-) Well, such niceties are also found only after a beta test out. New courts were invented Lobster sandwich is much to it. An all around great evening.

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Welcome to PEI!

This is the name a small but successful and above all free adviser to the Association newcomers to PEI.

English Guide for Newcomers

In the first pages here tips are given to immigrants, such as opening an account, the license is re-written, English courses for children and Adults are offered where and how cars, homes or can buy and how to get to the coveted Sozialversicherungsnumer (SIN) is to be allowed to work here. Insurance, Internet and much more - so all that is needed for daily life here on Prince Edward Iceland.

The object of the newcomers Association is to make immigrants from the first day on the island of life here and the settling-in period as easy as possible. The Newcomer Association is funded by the state and the newcomer will cost a cent, but only a little time.

The personal advice is confidently, quickly, determined and free. The most important thing: absolute honesty.

is without taking a hand over her mouth warned companies where it applies better here, since there is the newcomer of Association of a financial interest. Because very few immigrants bring with so much money that they work no longer have and what's worse, if one of windy Immigration helpers "or" recruitment agencies "(some job placement called) with lofty promises and grandiose promises that hard earned and saved money the case is under consideration for services that nobody needs, because they can be done independently of a morning.

Only Some examples : Account opening, 10 minutes and one enters with his first plastic card on the street - if you aufschwatzen a special account can be even as the owner of a new iPod or other goodies. All selbstverständlch here in North America.

rewrite license: To the "District Office", drawn Nümmerchen, usually not more than 5 minutes waiting, give the German rag, take picture, pay few dollars and leave with the Canadian license for the house - sounds simple - it is!

insurance for your car: Who Wrote one from Germany while it was that he drove the last few years without an accident gets the insurance up to 50% cheaper than when one is treated here as "drivers" - which does not specifically negotiated special terms of "immigration specialists", but the bonus of insurance as in Germany.

can rent apartment not be easier - looking for a suitable place - go there, presents well, pay a deposit (usually half a month's rent) and if the stall is empty that evening move - two days ago exactly the process - Jochen can confirm; -) Oh - lease may or may not - just be watchful how much fuel in the tank. Sign

electricity and oil - the same in green: 10 minutes per point.

High Speed Internet: 10 minutes at East Link, and a few days later, the friendly mechanic and there you go - no problem seeing through various Internet sites the usual channels, or free to take or to chat with loved ones via Skype via video telephony.

Anyone who has done it without an accident with his English on the island, is in a position to rewrite the license, to register his car to find a suitable apartment or to notify the children at the school, and much more.

With a little Internet research from the country of origin and a friendly email, pretty much everyone here is willing to help a potential immigrant.

We have all learned the hard way, but the You can save yourself, because with little effort and I repeat, you can reach free a lot.

A very important point for last: Pay attention to your work contract is for an adequate social protection for you and your family - eyes leaves of some companies like to forget !

If you are dissatisfied with the company, let it lull you no surprises again not work PERMIT go because of work permit, etc. Is not a thing: Easy to apply and if adopted will take care of the new employer for the rest of the paperwork. We have all been left behind, it only took a few days.

These examples, anyone who came here to confirm and for that you need God knows no "agent". do

this post we publish, because some people just offer these services and thus attract ignorant countrymen for money through the bars. This outrageous misstatements and unsustainable promises.

some places, the comments are on this page just yet bold, so I will not disclose links or other contact. It is aimed, as usual, aim to enrich themselves boldly to future immigrants and bind them with sneaky clauses in itself. That so they can drive anyway probably already financially worse-off families into total ruin, is that people do not care.

why we are warning again vividly: Saves you the money for such self-styled immigration officer or the introduction of business contracts. Who pays for this is really your own fault!

this must as a small thank you to all the loyal readers with the slogan: "Who now will pay is your fault" to be seen. In this sense - Welcome to PEI! be taken

This post should be happy and posted on other blogs!

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Time goes by ...

... and time can do so much. Before you turn around, the time is over. exactly one year ago today, we started a new life. Actually, it's now about time to start a first retrospection. Since I was very lazy but in recent times, as far as writing that, I will first have a few things to rich. Of course there were a few days before my birthday to celebrate. Tuesday is not a good day for party I thought to myself, so I wanted to organize what the next weekend. Was not because the party from Tuesday to Thursday, ie 3 days, constantly someone showed up * g * On Friday became really crowded and there was actually reached something like a party.

Candles must be!

Super homemade gifts. Thank you very much!

Because here on the island, some people no longer run all around, we do not use pictures in which the guests are seen. This was previously so agreed and renounce the other guests on images online. As always, previously was served grilled. Since time is back on salmon, this time there was a huge salmon, grilled, Complete. As a premiere (whole grilled fish), we first thought, that's enough not for everyone. They miscalculated slightly so nem part. So once had a filet her pieces. As the fish will lay on the table, we wanted not believe our eyes! Man, there really is something to it. Potatoes, sausage, etc. you would have to save completely. Well, the sausage was just for the "non-fish eaters. There must be, too. Pickled

the fish was before by Frank! Super work, Thank You!

I would like to thank everyone for the congratulations and love the many gifts. You have really NEN bang * g * What's next on the schedule? The Monster Truck Weekend in Summerside, naklar we already have tickets and are looking forward to ne show that has washed himself. Of these images will also be back for sure.

Tom & Dave at the gifts paw * g *

One of the gifts the day after the birthday had my full attention. The New ONE Netbook Acer D150 with 10-inch screen. A fine piece of work which Acer has since been delivered. It is shipped with WinXP. After a test with Windows 7 (Thanks Dave) quickly turned out that "the little" to slip over the post. So get over it once Win7 smoked expanded to 2GB Ram and amazement for all its worth. Clear that he is my constant companion now. As GPS, for surfing and as a movie machine, he is unbeatable. Does not take up much space in the truck and is light as a feather. Enough raving * g * Thomas M. colleague had already for some time the Vorgaengermodel in the test. With 1GB of Ram predecessor but is a distinct disadvantage. Since the device has no flap for additional memory on the bottom, had to extend the operation may be difficult. Dave has already been described. In short order, the patient is doing great.

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Dark Monday morning

power failure in the Maritimes after a fire in a transformer station. Is funny to sit for hours without electricity there.

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More ensure I'm there because of the swine. Although we here in North America even live in a large continent, the swine is already, within days, jumped up to us to the island. Now that's not at all funny when you consider reports to the WHO.

Be ready for human swine flu, PEI's chief health officer says

The pages of the WHO should be checked regularly and have especially always have an eye on the local press. The whole thing is no joke and I assume the times on German television, you have fear is duly made. Is also clear, articulated very fine on all other issues.

Emergency Committee of the WHO

image and link to the WHO, you should still use to keep yourself informed. What exactly will be made out of it until now no one can say. One thing is that it is dangerous and deadly in many cases. In Canada so far are only "mild" cases occurred. Whatever that means.

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Moments of Peace ...

... not everyone can, at times just like that, enjoy. But we do this freedom. Therefore, we also have the difficult path taken to a distant land on us. This does not mean now in the UK is something not possible. No, I would never claim. Certainly there may be people in the U.S., away from the struggle for life, the also can treat and also may. Only it's probably more like that of the ordinary worker, is withheld, unless it is to the wrong kind of people is one, which receive a small loan for a vacation, then pay to 3 years for it.

Brackley Beach (Prince Edward Iceland National Park)

Ok, we are here on the geographical location of course difficult in the advantage, heavy winter ... beautiful summer ... and all on an island. Extremely remain but the temperature differences, yesterday at zero degrees, 23 degrees is already saturated. With the sun is at the latitude of southern France. As is not long shilly make everything ready for Beach Day.

Brackley Beach (Prince Edward Iceland National Park)

has found here, since everyone on the island now its own way, are not to be found many people. After all, the three ladies next to us and follow our call Anja very happy. This is the ratio of female to male (if I even leave out my two Stoppelhopser) loose 1 to 3 (the two dwarfs are not next door) * g *

Objective-shutter jammed because of the sand * g *

Shaken and away you again ...

Brackley Beach (Prince Edward Iceland National Park)

Brackley Beach (Prince Edward Iceland National Park)

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100 feared dead, 50,000 homeless in quake Italy

... although my family and I have enough to worry about self-determination, I am saddened by such news always extreme. This shows that my spell, every morning is rolled again, is completely out of life.

The sad news of Canada.com

I stay away from such reporting is the spit.

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When winter takes a break ...

... yet we are not quite arrived. I mean at the winter break. Today thaw time is announced, which does not necessarily mean, that would have been all. In recent days, came every now and then to snow. As impressive as that quickly goes here. No wonder you are just times that a little green is visible. And Peng, the next morning everything looks again like in December. What the hell, we had already set it, the winter here in Canada a little longer, and a fundamentally different way than we could do it in Europe in recent years.

Eiskunstwerke on the deck.

slowly, we would be but on the winter break forward. For all that summer does not have much on his hat, I have a tip on the way * g *


Well what else was going on? I've changed my WP and am now once again go on another route. It was to address two parades that have been done by all. At the very least helped those who were grad on the island * g * birthdays were celebrated, taxes done, completed winter grilling and much more. Oh and very important ... A Fire Place has moved in with us. I could not help it. After I've been running all winter on the parts over, I stumbled recently on an exhibit at half price. Since he was not really in would fit the little room, the Fireplace withdrew into the cellar and with Him first time the men. developed fast so a meeting place by the fireplace * g * This is not always so uncomfortable in their seats, anxious Dave and I was a fat Al Bundy sofa. Thank you goes to Mark from which we get paid it :-) What you can do everything even the basement (in the winter of course) see the next pictures.

Some use the time to listen to music ...

... others lose all the Mucke smooth hair ...

... the well? ...

the very end I still have to imagine Calvin's pet. I wanted to do all the time but lacked schonmal images. The little guy keeps us here on the go and can hold snap bad. But he had to move his space station already on the floor because Calvin did not stand it anymore * g *

... Hi, my name is Shorty ...