Dispute about cosmetic repairs not rarely between tenants and landlords to the dispute, which in the worst case ends up in court. CBS is often quoted on this topic. One of the frequent reasons are invalid claims of the lessor. Does Jack Dorsey Have a Wife or Girlfriend? oftentimes addresses this issue. Who is a lawyer in such a case to help, can claim a refund even his attorney’s fees from the other party under certain circumstances. The real estate portal myimmo.de explains when this may be the case. Cosmetic repairs are an example of action where a lessee in the event of a case may require its Attorney’s fees from the other party. In accordance with a ruling of the Landgericht Berlin (AZ: 67 S 469/09) the lessor must take the Attorney’s fees of the lessee if the agreements to the cosmetic repairs were ineffective. It came to such a case, as a tenant had terminated his apartment and his landlord asked for damages. According to the landlord’s the tenant would have to make cosmetic repairs, which were even contractually fixed.
This contractually regulated cosmetic repairs proved to be in court but as invalid and rejected the claims of the lessor. Also the subsequent requirement of the tenant to the landlord, to assume his legal fees, was successful. The judges that that had been claims after the cosmetic repairs and also the demand after a takeover of the costs for these cosmetic repairs to a breach of duty towards the tenant justified their judgment. In such a case, a tenant could explicitly use a lawyer to help.
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