Tuesday, March 30, 2010

Interest Letters To Sororities

Operating costs: Deposit guarantees and subsequent claims

After termination of a lease tenant and landlord argued over open rental payment and repayment of the deposit. The tenant was the view that the repayment of the deposit to him is already so mature, because the landlord is not a lien because of claims from a final utility bill for this purpose. He argued that the repayment of the deposit on the payroll of operating costs is due. He would not pay for the Lender still owed rent because he is entitled to retain the open rental payments until the landlord had his part presented a utility bill.
The Higher Regional Court in Dusseldorf decided that the collateral purpose of a security also extends to claims from a termination of the lease to be made of operating costs. Because of the settlement still to be drawn about the cost of the tenant was not a lien against the outstanding rent due.
A deposit secures all claims of a lessor under the lease. Because of this comprehensive security purpose, the deposit extends to claims from a yet to be drawn final utility bill. That the rights of the landlord to compensate for costs subsequent claims are paid only after receipt of the statement restricts the right of a landlord, the deposit until Payroll withholding, not one. A retention of the tenant to the outstanding rent due to the receipt of the final charge settlement does not exist (Dusseldorf Higher Regional Court, decision of 01.10.09, case no 10 U 58/09). intended

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Also on Saturday is the owner's right of inspection

The owner of a family home to sell it. As he was working and visiting the prospective wanted to be there, he asked the tenant, provide him with prior written notice four weeks to Saturday between 11 und 12 clock access. The tenant was do not agree.
The Higher Regional Court in Frankfurt decided that there is a right of a landlord also visit on a Saturday, when the lease It was agreed that a visit "during the usual time of day" and "workdays to 19 clock" is possible. A Saturday is a workday. Because the landlord intended to sell the house, he had a legitimate interest in the land and rented rooms to visit with potential buyers. A survey by the landlord was also just four weeks after appropriate written notice of planned, so that the tenant does not thereby adversely affected. As part of judicial balancing of interests, ultimately outweighed the concerns of the landlord. This was because of his profession only to tours on weekends in a position (OLG Frankfurt, Judgement 26.06.09, Az 24 U 242/08).