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Getting rid of a mentally ill tenant can make you mentally ill

Getting rid of a mentally ill tenant can make you mentally ill


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Getting rid of a mentally ill tenant can make you mentally ill

Karlsruhe (jur). Landlords are generally unable to clear an apartment if the tenant is at risk of serious health damage. This can be different, however, if the dispute over the long term also makes the landlord mentally ill, as can be seen from a decision of the Federal Court of Justice (BGH) in Karlsruhe published on Wednesday, August 10, 2016 (file number: I ZB 109/15). The mutual interests are then to be reconciled - here by postponing the evacuation if the tenant in the meantime goes into therapy.

In the specific case, it is a bungalow in the Fürstenwalde area in eastern Brandenburg. The landlords, a couple, live right next door and use the garden, shed and garage of the bungalow property, among other things for their animals.

The tenant would actually be obliged to vacate the property, but the Fürstenwalde district court suspended enforcement in February 2013. The reason was an OCD. According to the expert opinion, any changes to the usual processes lead to massive anxiety. Evacuation of the bungalow would lead to a depressive disorder with a high risk of suicide, according to the expert.

The landlords switched off electricity and gas in May 2013. When that didn't help either, the man smashed almost all of the bungalow's windows in the summer of 2014. He justified this with the steadily worsening mental state of his wife.

In the second instance, the regional court in Frankfurt an der Oder also obtained a medical report on them. Then she goes through a so-called "mild depressive episode". The dispute over the bungalow almost completely occupied her, so that she was hardly able to deal with other topics. Only the hope of eviction leads to a certain stabilization. Otherwise there is a risk of "worsening of the clinical picture with accompanying suicidality". The man also suffers considerably, if not so severely.

In this situation, the district court ruled that the tenant had to vacate the bungalow. Since the landlords could also face serious health damage without eviction, the tenant could no longer rely on her psychological problems.

The BGH now opposed this either-or. If health or even life is in danger on both sides, a balance of interests must be sought.

Here the risk for the tenant is currently significantly higher. According to the report, an improvement can be achieved if she finds a therapist who treats her in her apartment. Therefore, a solution is conceivable in which the rental clean temporarily remains in the bungalow for this purpose.

According to the BGH decision of June 16, 2016, which has now been published in writing, the details should now be determined by the district court of Frankfurt an der Oder. mwo

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