Real Life Wins Over Paperwork: Court Rules Living Situation Takes Precedence Over Legal Document
Renter Advocate Court Prioritizes Personal Experiences over Legal Contracts Signed by Notary - Notarized Residential Agreement Suggestion Presented by Court of Tenant Protection
Home sweet home! But not when it comes to legal battles, huh? Well, that's about to change, my friend! Here's a tale of courtroom justice in Kempten and Munich that'll make you say, "Yeehaw, bring on the legalese!"
The Scene
Picture this: a cozy, detached house owned by a married duo. Back in 2012, they decided to pass on their dream home to a company, agreeing to vacate the property by the end of September 2015 and settle for some monthly compensation in the interim. Fast forward to 2024, and the house ends up in the hands of a new owner, who then tried to evict the couple.
The Showdown
The Regional Court in Kempten dismissed the eviction lawsuit in September 2021, but the Higher Regional Court in Munich confirmed this decision and squashed an appeal in February of this year. But here's the real fun: the agreement in the sales contract might look like it's all about ownership, but wait for it! The "lived practice" says otherwise: it's a renting scenario!
The Game Changer
What's the "lived practice," you ask? It's what the parties do in reality, beyond what's written in fancy-schmancy legal documents. In this case, the new owner demanding "rent payments" from the original couple and even trying to negotiate an increase? That was the clincher, according to the court. The couple no longer had to abide by the original terms of the contract.
The Lesson
So there you have it! As the Kempten and Munich rulings show, the court will side with what's really happening in everyday life. And, if it comes down to a tenant situation, they'll do their best to ensure fairness and protect those who need it most—the tenants! Take that, signed legal documents! The lived reality is where it's at! 🏠
- Despite the legal document from 2012 that suggested the couple were to vacate their home by 2015, the Higher Regional Court in Munich upheld the decision that the couple's living situation actually classifies them as tenants, due to the "lived practice" of paying "rent payments" and negotiation over rent increases.
- In the case of the confirmed eviction lawsuit dismissal in September 2021, the Kempten Regional Court and the Higher Regional Court in Munich ruled that community law prioritizes the real-life circumstances over the written contract, effectively redefining the couple's status as tenants rather than former homeowners.
- As demonstrated in the Kempten and Munich court cases concerning a cozy detached home, community law's focus on the lived reality prevailed over legal documents, ensuring fairness for the couple and upholding the unwritten practice of tenancy rights even if not explicitly stated in the original sales contract.
