Hesse
Naked landlord according to court ruling no reason for rent reduction
The lawsuit for rent reduction revolved around a building in Frankfurt’s Westend (symbol image)
© Schöning / Imago Images
A naked landlord in the courtyard is no reason for a rent reduction, the higher regional court in Frankfurt am Main decides. A personnel consultancy in the building complained about deficiencies because the landlord likes to sunbathe without clothing. But there were other reasons too.
If the landlord sunbathes naked in the yard, that is no reason for a rent reduction. This was decided by the Higher Regional Court (OLG) in Frankfurt in a judgment published on Wednesday. The naked man “does not affect the usability of the rented property”. The aesthetic feeling does not play a role, a “grossly improper action” does not exist. In addition, the sun lounger is only visible when you lean far out of the window.
The Higher Regional Court had to deal with numerous alleged rental deficiencies in the house in question. The house is “in a very upscale residential area” in Frankfurt’s Westend, and the environment offers “peace and solidity”. The house is used as a residential building, but there is also an office floor. The landlord, who likes to sunbathe naked, was the plaintiff in this case – a personnel consultancy that was bothered by it was the defendant. The company had reduced and partially suspended the rent, which the landlord did not accept.
The court allowed a rent reduction for other reasons
Before the Higher Regional Court dealt with the case, the district court had mostly upheld the claim of the landlord, who wanted to collect the outstanding rent. The tenant appealed, but had little success. According to the Higher Regional Court, the rent reduction was only justified because of extensive construction work in the neighborhood. Because of noise and dust, 15 percent is appropriate.
“There are no further reasons for a reduction,” the Higher Regional Court decided after an on-site visit. The “junk” allegedly parked in the hallway does not go “beyond what is socially acceptable”. Food odors are also no reason for a rent reduction. In a mixed-use house, it is part of “that you occasionally cook lunch”.
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During the on-site visit, the lawyers did not find a naked man in the hallway. The defendant had claimed that the landlord was already going through the stairwell to the courtyard without any clothes on. This was not the case during the on-site visit. Rather, the plaintiff credibly stated that he always wore a bathrobe, which he only took off immediately in front of the sun lounger, according to the court.