Period of self: BGH clarifies kinship boundaries in Berlin

Veröffentlicht:

Von:

Erfahren Sie in unserem Artikel, warum Cousinen und Cousins rechtlich nicht als Familienangehörige bei Eigenbedarfskündigungen gelten. Das jüngste Urteil des Bundesgerichtshofs bringt Klarheit über die Definition von Familienmitgliedern und deren Einfluss auf Mietverhältnisse. Ein Muss für Vermieter und Mieter!
In our article, you can find out why cousins ​​and cousins ​​are not legally considered to be family members in the event of termination of their own. The latest judgment of the Federal Court of Justice brings clarity about the definition of family members and their influence on tenancy. A must for landlords and tenants! (Symbolbild/MB)

In a explosive judgment of the Federal Court of Justice, the family image is turned upside down! What is a clear thing for many is legally causing excitement: cousins ​​and cousins ​​are not legally part of the family when it comes to terminations of their own!

The case is hitting high waves: Owners of an apartment have terminated their tenant on the grounds that one of the shareholders, a cousin, wants to use the apartment itself. But the tenant vehemently defended himself - for him it was not a sufficient basis for termination. And so it went to court!

The decisive judgment

The Federal Court of Justice (file number VIII ZR 276/23) now clarified the matter: only people who have a right to refuse to testify according to the Code of Civil and Criminal Procedure can be regarded as family members in the sense of their own use. But cousins ​​do not fall into this category! This means that the termination is not legally permitted and the tenant can stay!

This judgment is not only a legal precedent, but also raises fundamental questions about the definition of family! What role do cousins ​​play in our social structure if they are not legally recognized as a "family"? In a world in which family constellations are becoming increasingly diverse, this decision is a real excitement!

  • What happened? - Cousins ​​want to claim their own use with a termination.
  • Who was involved? - apartment owner and their tenant.
  • where did that happen? - in the apartment that is owned by the cousins.
  • When did it take place? - recently decided by the Federal Court of Justice.
  • Why is it important? - it illuminates the legal limits of the family concept.

A strong sign of case law: Werner and his cousins ​​have to come up with a new strategy to secure living space in their family basket. Who believes that the question "Who belongs to the family?" on the safe side, could be surprised in the future!