Intensive Project Development Seminar
Dr Oliver M. Hübner will be a lecturer at the intensive project development seminar of the ADI Akademie der Immobilienwirtschaft in Frankfurt am Main on 3 July 2021.
Award
Disput Hübner, Dr. Anja Disput, has been awarded in the ranking “Best Lawyers in Germany 2021″of the Handelsblatt in cooperation with Best Lawyers in the area of real estate law.
Monument Status as Material Defect
In its ruling of 19 March 2021 (Matter V ZR 158/19), the Federal Court of Justice (BGH) decided that the “listed monument status” of the object of purchase can constitute a material defect within the meaning of Section 434 (1) sentence 2 no. 2 of the German Civil Code (BGB). According to the BGH, the…
Tenant has a claim against former landlord for passing on the cash deposit
In its ruling of 12 April 2021 (Matter 13 S 106/20), the Duisburg Regional Court confirmed that if the tenant has provided a cash deposit and the rented property is subsequently sold to a third party, the tenant can demand that the former landlord pass on the deposit to the purchaser. The previous decision of…
Lease agreement and Corona pandemic:
Lease agreement and Corona pandemic: In further rulings issued by AG Düsseldorf (45 C 245/20), LG Mönchengladbach (12 O 154/20) and LG München II (13O 2044/20), it was confirmed that the measures taken by the authorities due to the Corona pandemic did not constitute an impairment of use and thus not a rental defect. In…
Use of the rental security deposit
In a recent decision of 28 October 2020 (No. VIII ZR 230/19), the Federal Court of Justice (BGH) decided that the landlord is entitled to satisfy claims arising from the tenancy after termination of the tenancy from a cash deposit granted by offsetting, even if these claims are disputed. The ruling confirms the previous Senate…
Appointment as Examiner
Dr. Anja Disput and Dr. Oliver M. Hübner were appointed by Minister of State Kühne-Hörmann as examiners in the second state examination in law with effect from October 1, 2020.
Written form: also side agreements require the written form
In its decision dated August 6, 2020, the Higher Regional Court (OLG) of Munich ruled on the requirement of written form for agreements in connection with refurbishing and extension work. In the given case, the landlord removed outside roller blinds and offered the tenant the installation of inside roller blinds, since he didn’t want to…