When is there a single tenancy?
Lease agreements for living spaces and garages do not have to be made in writing in accordance with the law become. Therefore, orally agreed leases are effective. In a lease, the landlord agrees to the lessee rent the property for contractual use. In return, the tenant agrees to pay the landlord the agreed rent. As a rule, rented apartments may only be used for residential purposes. The same applies to garages. Neither rented apartment nor garage may be used as an office, kiosk or even a car repair shop. The big disadvantage of an orally closed lease is the poor evidence in case of dispute. For an oral agreement can be swiftly denied by one of the two contracting parties once. However, only written evidence applies in court in the event of a claim.
Does the garage belong to the rented dwelling?
Landlords and tenants are especially likely to argue about the ratio of rented dwelling or rented house to the rented garage. Often, even written leases of living spaces are completed and some time later, a garage is rented. These subsequent leases of garages are usually done without a written contract. If one of the two contracting parties then wishes to break away from the contract, it regularly comes to a dispute as to whether there is a uniform lease agreement for a flat with a garage or whether there are two leases for the house and the garage. The Federal Court of Justice has commented on this issue in 2011 itself. The BGH has made it clear that the aspect of the legal entity should not be based on the existence of verbal or written contracts.
Tenancy of Apartment and Garage as a Legal Entity
First, the BGH assumes the actual assumption that in the case of two separate contracts, the legal independence of the two contracts is also wanted. In case of special circumstances, however, a legal entity can also be assumed when concluding two contracts. This legal entity means that both agreements stand or fall with a notice. In the opinion of the Federal Court of Justice, special circumstances apply in particular if both the dwelling or the house and the garage are located on a uniform plot. Even if the garage is rented later, this agreement is then to be assessed as part of the lease on the living space. As an important indicator, the judges of the BGH assess the joint, unified rent increase for both apartment and garage. Therefore, if more rent has to be paid for both the apartment and the garage at the same time, the BGH assumes that the rental of the living space and the garage is a legal entity and therefore a standard rental agreement.
Proof of evidence for the existence of a legal entity
In a dispute, the party is always required to provide evidence that relies on the existence of the legal unity of the contracts. If the tenant wants to leave the apartment or house and garage at the same time, he must provide proof of the legal entity. Proof is then both the location and proximity of living room and garage as well as the presentation of the simultaneous written rent increase for both objects. It no longer matters whether there are actually two written leases with different dates. Decisive alone is the assessment as a legal entity. A uniform rental contract for apartments and garages therefore always exists when either a single written lease agreement is in place or the two properties clearly form a legal entity.
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