Federal Court Notice

Can the tenant still save the tenancy by payment of rent? If the tenant pays the rent over a period of time not completely, it may cause a backlog of more than two month’s rent. Such a backlog of fellow can entitle to immediate termination and subsequent eviction by the landlord. How can the lessee shall save his lease? To tenant-protection laws, the tenant can make the termination with a full payment of the outstanding rent ineffective if the payment within two months after the occurrence of the lis pendens of the eviction claim (notice of the eviction petition), as far as in the period of two years before the tenant has not ever made use of this scheme. Dramatic for the tenants, however: according to the Bundesgerichtshof, such a payment eliminates only the termination. At BC Ministry of Health you will find additional information. The ordinary termination will remain in effect told him, i.e.

the lessee must under circumstances out of the apartment. It is disputed whether a prior warning before saying the termination is required. Although the Federal Court doesn’t see this, as the Landgericht Berlin maintains consistently considers, that a warning is generally unnecessary (such as District Court of Berlin, judgment of March 23, 2010, 63 S 432/09). Particularly hard, it is the tenant in the following case: should he be due to defects of the opinion, the rent was reduced and therefore regularly less rent transfer, can be notice explained due to late payment yet effective. If the shortcomings cannot or do not exist to an extent corresponding to the reduction ratio adopted by the tenant, the tenant has luck.

Landgericht Berlin up-to-date: This was confirmed by the District Court of Berlin in a recent judgment of the 18.4.2011, 67 S 502/10. Although the tenant has compensated the Mietruckstand within the two month time limit and thus the termination was subsequently cancelled, the tenants had to pull out. The District Court of Berlin saw a backlog of about one Month’s rent as a significant Mietruckstand entitled to an ordinary termination. In such cases, it’s the fault of the lessee. Each individual case will be examined by the courts. Specialist Attorney tip tenant: you pay your rent on time and as with standing order. Should be not sure whether rent is to the landlord (E.g., because you think you have a right to the reduction in rent), you pay the rent at least subject. Should you have not accidentally paid the rent and get a corresponding notice of the landlord, you should consult a lawyer immediately. Specialist Attorney tip landlord: If you pronounce a termination due to arrears, you should explain always alternative a timely notice of termination without notice. If you pronounce a termination, you will notice that the termination has to be justified. Need to run exactly the arrears in the notice. It is not enough to specify the overall balance. More precisely, you must list is for what months the tenant with the payments in arrears. You must also specify how you have charged the incoming payments of the lessee. Finally, a proper power of attorney be attached to the termination by the landlord himself, but by proxy is the resignation letter as far as (property management, legal, etc.) is pronounced. Even if the Federal Court of Justice in the case thought a warning not necessary it is advisable regularly to speak (at least) a warning before saying an immediate, timely alternative termination. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail:

The Adequacy Of The Work After The Divorce

The law firm Dittenheber & Werner informed the family law reform from January 1st 2008 there were changes in German law, maintenance. Particularly noteworthy are the efforts of the legislator to strengthen the responsibility of divorced spouses. This undertaking is reflected in stricter requirements for the recording of a work after the divorce. The Munich-based law specialists in the law firm Dittenheber & Werner illuminate the basics of keep legally appropriate activities according to the provisions of 1574 I, II BGB. The principle of self responsibility in the spousal follows from 1569 BGB. Be required due to its stipulations basically divorced spouses to muster their support itself. In accordance with section 1574 I BGB is the maintenance recipient only incorporating a post-divorce employment, provided she met the adequacy standards of section 1574 II BGB. Whether a particular activity II is BGB as reasonable to regard according to section 1574, determines the jurisdiction in a detailed individual consideration of the following characteristics: Training of the divorced spouses before or during the marriage reached educational level is an important criterion in assessing adequacy.

Economic activities based on appropriate training, are generally considered appropriate due to the legal requirement for personal responsibility. The divorced spouse exercised gainful employment during the marriage, which did not agree with his training, the adequacy on appropriate fields of activity extends. A long absence from the labour market to do so, that former training form no basis in appropriate gainful, led the divorced spouse is obliged to take further – and training as well as retraining at claim to promote his views on an activity. Skills in addition to the educational level of the divorced spouses are his professionally usable abilities of high relevance. Was a spouse, for example, in the Office of family life Company active and acquired skills outside of training, these form the relevant basis of an appropriate gainful employment.


Tax advisor Ute Marseille from Bochum informed principle charitable and ecclesiastical authorities are subjected to a sales tax of seven per cent. That looks at the event of a sales tax free seminar but again different. The reason is the possible accommodation or meals of the seminar participants. It can cause that nonprofit seminar provider for a seminar offered must observe three separate tax regimes. That was made from the judgment of the German (BFH) on 8 March 2012 V R 14/11.

The accountant Ute Marseille from Bochum informs about the confusing tax situation and shows their backgrounds. Nonprofit organizer of seminars were confusion in the tax rates has typically believes that it is sufficient to disconnect the share price of accommodation and meals such as lunch or overnight stay including breakfast from the participation fee and settle this part in accordance with the reduced rate of tax. From a Dispute dating back to 2007 out now decided the BFH that meals and accommodation of the participants must be subject to the rule tax rate of 19 percent. The new rules for the reduced rate of tax in the hotel industry ( 12 para 2 No. 11 UStG) in 2010 creates confusion. Seminar providers provide this services which relate to three different control schemes. The services or the offer must be taxed here separately.

The seminar itself is exempt from tax, the accommodation for the participants of the seminar must be settled with the reduced rate of tax of seven percent for the hotel industry and a lunch or breakfast is taxable to the RuleSet by nineteen percent after the night. For detailed information the tax advisor Ute is hesitate Marseille from Bochum available. Press contact accountant Ute Marseille Josef-Baumann-str. 21 44805 Bochum phone: 0234-96431 31 fax: 0234-96431 91 email: website: