Lease may not prohibit autobesitz

Residential projects in which cars should not have space in the planning and construction of the hauser or entire quarters, even more than spun oko activism are long ago. Concepts that call "live without car" or "car-free", creating more and more residential areas whose high quality of life is attractive for many people now. But it is admitted to ban the tenants of such a settlement the possession of their own car?

The district court of munster now decided that such a clause unreasonably disadvantaged the tenant (az.: 3 s 37/14). In the negotiated case, the tenant lived in a garden settlement, which was declared as a car-free zone. Contractually, the tenant had committed to support the concept "living without own car" by all means. Nevertheless, the tenant is a car that he parked near the housing estate. The landlord then complained and demanded that the tenant waives his vehicle.

As before the district court now decided the district court that the fixed waiver of a car severely scared the tenant in his personal life guide. A full prohibition, which is no exception to the outset, is ineffective. In order to avoid inappropriate discrimination, it is necessary that an extension in individual cases can take place and at least in exceptional cases the ban does not apply.

Leave a Reply

Your email address will not be published. Required fields are marked *