RA Grundler is subject to country Court Munich lawyer Dirk Grundler is subject to local court with an injunction. Mr. Grundler had recommended a client send an injunction to force the publication of the location of his towed car. While the District Court of Munich in a first procedural law gave Mr. Grundler and his client, these documents now in a trial before the District Court against the Park rooms KG. Starting point was the following: a driver had parked his car verbotswidrig in a private parking lot. Through a contract with the parking lot owner, the Park rooms KG has enabled this vehicle by towing companies.
The naming of the site wanted to, as usual, make the Park rooms KG only after payment of the fees due. The car owner had tried then after a fortnight-long, futile, search to his car about Mr a restraining order to obtain lawyer Garrard at the District Court. With this available parking spaces KG should be forced to announce the location after the deposit of a security fee of only 120.-EUR by the car holder. The District Court gave Mr. Grundler and his clients right. The security deposit is sufficient and the restraining order forbid the holder before an unacceptable abdication of his car. In a judgment of the District Court of Munich I, this judgment was now completely lifted. While the following points were clarified: the Park rooms KG of course has a right of retention.
A restraining order is not allowed, because the holder can find the site at any time deposit a deposit in the amount of 110% of the due amount. A restraining order is allowed only if no site is called despite depositing the security charge. Or to be able to make if the creditor is in danger, by the Decree no longer assert its claims.
Beware of rent reductions the annual operating expenses provides many tenants resentment, because landlords often request additional payments, where settlement in each case should be examined closely. Author may find it difficult to be quoted properly. Special attention is required when a reduction of in rent was recognised in the period in question. The real estate portal myimmo.de explains the relationship. The gross rent by a certain percentage will be reduced in the case of a rent reduction due to defects in the leased object. This is however also apply to the statement of operating costs.
Often give landlord a rent reduction while and take into account the operating costs advance payment, the corresponding shares however during the payroll run for the entire year out of eight. According to a recent decision of the Federal Court of Justice, is in this case the tenant in law and may require an appropriate reduction. Generally the net rents, and the corresponding operating costs apply as the calculation basis. The landlord is therefore obliged, the corresponding reduction in rent in the calculation To include the cost of ownership. Only on the basis of the annual statement of accounts, it is clear whether payments are due on the part of the lessee, or if the landlord has to repay even. The German tenants Association welcomes the judgment of the Federal Court of Justice, because it creates clarity in relation to the calculation of the reduction in rent.
Communication with debtors is more important than ever while not a legal relationship as E.g. a contract normally to letters of formal notice, because both parties comply with their contractual obligations. A party does not meet the contractual obligations, by she didn’t pay such as the Bill, is a contract problem. A reminder takes over the task to inform debtors on their payment obligation. This is done in practice usually as a first step by means of a so-called payment reminder. A reminder is a unilateral request of the creditor, which will be sent to debtors, warning recipients. A reminder obtained after the due date of an invoice, that debtor appears legally in default if the reminder is not expendable.
To reduce the number of letters of formal notice, companies in cooperation with collection agency took pro-active steps such as for example the use of debit or a previous credit check often. Companies send itself often only one or two letters of formal notice and then type the Editing a debt collection company as the General accounts receivable and collection GmbH (ADU collection), that further professional care in the recovery of the debts in the pre-trial and in the debt collection proceedings. 286 paragraph 2 four cases are defined in no. 1 to 4 German civil code (BGB), where a warning is unnecessary and the debtor without they fall into arrears. 1 reminders are expendable for the creditors, if a specific calendar date for the payment is stated in the invoice. It is contractually fixed and up to this date, debtors have provide their service. Purchase contracts defines the due date, for example with the following sentence: the purchase price is payable up to May 31, 2010. 2. the Expendability of the reminder occurs when a payment deadline is agreed in the Bill whereby the payment date on the basis of the calendar can be calculated.