03/13/2017

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Cosmetic Changes A clause that restricts the choice of colours, is ineffective. The German Federal Supreme Court (judgment of 23.9.2009, AZ.) VIII ZR 344/08) has a clause that requires the tenant in which color he has to paint the apartment invalid. The tenant needs to renovate then nothing. He may require the renovation even by the landlord. "Federal Supreme Court News: in a decision dated 14.12.2010, VIII ZR 198/10 probably deleted the Federal Court that a clause which obligated the tenant knows the apartment" to return, is ineffective. The tenant, so the middle way well-established court case law, must not be limited if the apartment in his choice of color on a color, on white. Because this would make more difficult the possibility of him, to choose other subtle colors for his apartment during the rental relationship. Should he have designed the apartment in subtle pastel tones, he would be forced to paint the apartment transfer completely white. This penalized the tenant inappropriate and is not really beneficial also for the landlord: the landlord can rent out as well a well-kept apartment in pleasant pastel colours, such as one with white walls. Specialist Attorney tip tenants: who still renovated without advance the effectiveness of the relevant clauses in the lease check, runs the risk, to give away lots of money. Rigid deadlines, requiring the renovation within a certain period of time, are just as ineffective as clauses, which require a certain manner of renovation. "Specialist lawyer tip landlord 1: write in the lease: the tenant bears the cosmetic repairs." All other accessories are an unnecessary risk and can result in that the tenant owes not the cosmetic repairs due to the ineffectiveness of the clause. Even worse: In this case, you owe the renovation during the rental period. This can be costly....

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