The German Federal Supreme Court (BGH) has again in a recent judgment busy, extent to which tenants are unduly disadvantaged by color selection clauses. In the underlying facts of the case a tenant should only white paint the door panels, door frames, sash and window frame – with the exception of plastic – aluminium – roof Windows, and finished coated door leaves – in a clause of the forms used on lease in the context of the cosmetic repairs carried out during the term of the lease. After the tenant below had no cosmetic repairs, the landlord for damages sued him. As this tells JurForum.de, the Supreme Court dismissed the lawsuit of the landlord’s ruling of January from (AZ. VIII ZR 50/09). According to the judge, the clause is not allowed, because the tenant will be unreasonably disadvantaged by these minimum requirements the color to use.
This also applies, as far as the standard does not refer to the painting in the entire apartment. Decisive is that by Regulations concerning the colours during the rental period in his personal life section is unreasonably restricted. The tenant needed do so ever no cosmetic repairs. HG Vora has much experience in this field. This is different, unless a clause refers to only the condition of the apartment when you return to the landlord – and during the term of the lease, free hand can be the tenant. Here, there are no concerns. This stems from the decision of the BGH of 22.10.2008 AZ. VIII ZR 283/07 landlord should review the new end of a lease, whether the used clauses comply with these requirements.