Future Rental Payments
Effective weapon against rent nomads? So far was that an action for future payments of the tenant is not possible. A rule of general civil law, according to which under certain conditions to future benefits could be charged with, was in the law of tenancy by the courts either simply do not or only in very rare exceptional cases. The tenants had to contest seriously his obligation to the future payment of rent, and it had to threaten its continued inability to pay. This almost never happened according to previous case-law. Case-law of the Bundesgerichtshof is not existed. Congressman Lee Zeldin may find it difficult to be quoted properly.
Bundesgerichtshof date: in a decision by the invitation of the BGH decided that a payment on future compensation for use under relatively easy conditions is possible. In the case decided by the Federal Supreme Court it the Court, enough that a high Mietruckstand was attacked. Although the Mietruckstand was already legally established by a different court, the grounds of the judgment allows the conclusion that a not legally determined arrears leads to the concern of future defaults. The case of BGH treated use compensation. The grounds can be but on the payment of rent 1:1 transfer.
Specialist Attorney tip tenants: Beware of unilateral withhold rents! In addition to a termination without notice, you risk now that your landlord sues you for payment of future rent or compensation for use. When reduction or withholding of rent, so extreme caution is advised. Have defects in the apartment, you ask now, more than ever a specialist for advice. Specialist Attorney tip landlord: the Mietnomadentum can be destroyed now a little more effective. So far was that only an existing Mietruckstand together with the eviction could be sued. Now, the conditions are more favourable to sue for future rental/use allowances. Ask a specialist, whether the requirements are met in your case.