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Dying is the contractual use of an apartment


Communicated by Attorney Foerster

A tenant died in his apartment. The landlord refused to give the heirs the deposit, as he then had to renovate extensively because of the strong smell. Wrongly, as a Berlin district court has now found. Impairments to the apartment as a result of death represent contractual use.

AG Berlin-Tempelhof vom 24.11.2020 zum Az. 15 C 59/20

The comment von Foerster: “Dying is part of life – applied here in a very practical way by the law!

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