BGH: 97-year-old can stay in the apartment for the time being, despite insults
Karlsruhe (jur). If a caregiver insults a woman in need of care and her landlord as a "terrorist" and "Nazi-like brown dung heap", this can be the reason for an immediate termination of the rental. However, if the termination of the apartment threatens “serious health problems or danger to life”, there is a hardship case, so that the necessary important reason for the immediate termination no longer exists, judged on Wednesday, November 9, 2016, the Federal Court of Justice (BGH) in Karlsruhe ( Ref .: VIII ZR 73/16).
In the specific case, a landlord wanted to put a 97-year-old demented and bedridden tenant on the street. The woman has been renting her three-room apartment in Munich-Schwabing for over 60 years. In 1963, together with her late husband, she also rented a one-room apartment on the same house and floor.
With the landlord's consent, the caregiver of the demented woman was allowed to live in the one-room apartment in 2000. This not only takes care of the legal affairs of the bedridden woman, he also cares for her all day. Concerns about the man had been dismissed by the childcare court, because he "devotedly cares for the old woman".
But when there were repeated unpaid rent payments and noise disturbances, the landlord canceled the tenancy several times without initially pursuing this. However, the caregiver reacted angrily to a termination of the rental in 2015 by sending an email to the property management and below the belt. He wrote verbatim: “Terrorists at least end up in jail! and you are very hostile and very dangerous terrorists Nazi-like brown crap in their own way !!! "The landlord is a" snake head ..., she is slowly making herself ridiculous like a monkey ".
The landlord no longer wanted to be offered this. Since the 97-year-old demented woman is the tenant, she was given notice of termination due to insults from her caregiver.
The Munich Regional Court I ruled that the landlord did not have to put up with the insults. The demented old woman had to accept the statements of her caregiver.
The BGH ruled that this was basically the case. However, the district court had not examined whether the 97-year-old's immediate termination could result in “serious health problems or danger to life” if she could no longer remain in her familiar environment. Then the right to physical integrity enshrined in the Basic Law takes precedence.
If there is an important reason, the landlord can also withdraw consent that the caregiver continues to live in the studio apartment of the 97-year-old. But here too it has to be checked whether moving the caregiver is associated with serious health disadvantages. If this is the case, the excerpt cannot be requested for reasons of hardship. The regional court must now examine all of this again. fle