Pinky0301
2020-05-17 19:57:15
- #1
Yay, found it BGH ruling file no.: VIII ZR 275/08
a) Public-law restrictions on the use of rented residential premises do not entitle the tenant to reduce the rent if their usability is not restricted due to the non-intervention of the competent authorities.
b) If the parties have agreed on a certain living area as the condition of the leased property, the areas of rooms that are rented for residential purposes according to the contract (here: converted attic) must be included in the calculation of living space regardless of whether they are considered living space according to the provisions of the Second Calculation Ordinance (continuation of BGH, judgment of May 23, 2007 - VIII ZR 231/06, NJW 2007, 2624, para. 13).