Equal terminations: BGH judgment on cousins ​​ensures clarity

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Erfahren Sie in unserem Artikel, warum Cousinen und Cousins rechtlich nicht als Familienangehörige bei Eigenbedarfskündigungen gelten. Wir erläutern die Entscheidung des Bundesgerichtshofs und deren Auswirkungen auf Mietverhältnisse. Bleiben Sie informiert über wichtige rechtliche Aspekte im Mietrecht!
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. We explain the decision of the Federal Court of Justice and its effects on tenancy. Stay informed about important legal aspects in tenancy law! (Symbolbild/MB)

family gang or not? Germany debates today about a explosive judgment! The Federal Court of Justice recently made a decision that could have far -reaching consequences for many tenants and landlords. The delicate question: do cousins ​​really go through as family members when it comes to terminations of their own?

In a sensational case, owners terminated their apartment by leading the self -need of one of the shareholders who were at the same time their cousin. But the tenant was unimpressed - can you lead cousins ​​as the reason for a termination? The response from the Federal Court of Justice is clear and meets like a hammer: no!

What does the judgment mean?

The judgment of the court (file number VIII ZR 276/23) brings light into the darkness of the termination of their own. After this decision, only the close family circle counts: Anyone who has a right of refusal as a relative can be used for termination. However, cousins ​​and cousins ​​do not fall under this category!

For landlords, this could mean that in the future they have to carefully consider who can be used as a reason for a termination. In this special case, the termination was declared ineffective and the tenant can stay in his apartment. A victory for the tenant rights in the face of the strict rules around their own use!

Will the judgment influence the rental practice in Germany? It remains to be seen whether this leads to further legal disputes. The discussion about the definition of "family" will continue and many are now excited to see how the case law will develop in the future. In times when living space is scarce, a legally binding clarification of these questions is more important than ever!

How much value are family ties when it comes to legal conditions? This question remains discussable after this judgment. The world of termination of your own has clearer rules - but the emotional levels are still complex and challenging.