Tuesday, November 22, 2011

Owner may rent to vacationers

An owner may rent his apartment to holiday guests. This was decided by
the Bundesgerichtshof (BGH) in Karlsruhe, Berlin and thus denied a
homeowners association the right to prohibit such use.
Karlsruhe - An owner may rent his apartment to holiday guests. This
was decided by the Bundesgerichtshof (BGH) in Karlsruhe, Berlin and
thus denied a homeowners association the right to prohibit such use.
Suffered in the opinion of judges in Karlsruhe, the Community must
lease, unless it was previously prohibited by a statement from the
landowner or by agreement of all owners. In this specific case, an
owner of his two homes in one plant had a daily or weekly basis leased
to tourists visiting Berlin. The other owners complained that
increases the anonymity and sense of security in the building take
off. (Ref.: V ZR 712/09)
According to the Federal High Court is contrary to the rental of the
apartment to holiday makers not to residential purposes. They
accepted, however, that there are differing opinions in this Court. In
your opinion, however, it is not an illegal commercial use. The Act
prescribes not that an apartment should be used exclusively for
housing. Is allowed as well as the use of engineering design office.

The judge did not dispute that are possible with frequently changing
residents losses and impairments. Is also true that the neighborly
relations could be less tight than in the case of permanent residents.
This impacts not only write but she liked holiday guests: Even
permanent tenant could cause damage, it said. The sense of security
could be compromised even by the fact that a neighbor received many
visitors. And a good relationship could be over if only one pulls
away.

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