Back Jurisprudence on remedying defects, Airbnb and calculation of living space

Judgments are made by courts almost every day, including in the real estate sector. Today we summarize three judgments for you that are worth experiencing for owners, administrators and tenants:

Liability of the lessor for the elimination of defects

If the tenant discovers a defect, he must report this to the landlord. The lessor's obligation to remedy the defect therefore generally requires notification of the defect by the lessee. However, the prerequisite for a further claim for damages by the tenant against the landlord is an additional reminder, because a further prerequisite for compensation for damages is a delay, the prerequisites for which result from § 286 BGB. According to the Rostock Higher Regional Court (OLG Rostock, ruling on August 03.08.2020rd, 3, case no.: 91 U 18/XNUMX), it cannot be assumed without further ado whether the notification of defects also contains a reminder.

Airbnb must submit landlord data

According to the Berlin Administrative Court (Ur. V. 23.06.2021, Az.: 6 K 90/20), online portals that offer short-term rentals, such as Airbnb, are obliged to transmit the data of the providers of the apartments. In this case, Airbnb is not entitled to a data protection right, according to the Berlin judges. The misappropriation of living space is still a big problem in Berlin. Tenants who rent their apartment more often or exclusively to tourists are ultimately threatened with termination for unauthorized subletting and, at the same time, severe fines by the city of Berlin.

Is a hobby room a living space?

A hobby room can be considered living space if it is expressly listed in the rental agreement and has been taken into account in the calculation of the living space. Its area is to be included in its entirety. The Berlin Regional Court ruled that the tenant is bound by this agreement (ruling of May 27.05.2020th, 65, case no.: 233 19/XNUMX).

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