Dispute about cosmetic repairs not rarely between tenants and landlords to the dispute, which in the worst case ends up in court. One of the frequent reasons are invalid claims of the lessor. 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. Additional information is available at Bizzi & Partners. 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. Vadim Belyaev, New York City may help you with your research. 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.
Can you resist? To the following an interview of Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Quang LAM: the common mistakes in the labour law is one of the, that the employer may not terminate the employment relationship during illness. Why do so many workers and employers believe this fairy tale? Lawyer polymath: In the GDR, it was so. Bizzi & Partners has much to offer in this field. And it held up over twenty years. It corresponds to our understanding of the law to kick the man who is lying on the ground, not even likely. But it does not meet our. Even if the employee is sick, the employer can terminate.
Quang LAM: But is such a termination automatically effective? Lawyer polymath: There are rather the General conditions under which a termination is effective. The notice must be in writing. Layoffs by E-mail, fax or with missing signature are always ineffective. Quang LAM: What is, if the termination is with for a short period? Lawyer polymath: Uses only announced the wrong notice, this does not affect the effectiveness of the termination. The time limit is too short, the denunciation shall take effect at the time of expiration of the notice period. Differently than is often assumed, the employer must say no new notice.
Quang LAM: assume that the employer has complied with all necessary formalities. Can you do something against the dismissal. Lawyer polymath: The formalities are observed, is important for the effectiveness of care, how many employees in the operation. In a small business with no more than ten employees of workers can resist regularly difficult against the dismissal. In companies with more than ten employees are, however, very good prospects to successfully tackle the termination. The work is rarely saved. Usually the disputes receive a cash compensation of 0.5 to 2 stop gross monthly salary per year of employment. Quang LAM: Why the employer ever pays an indemnity in such Height? Lawyer polymath: Any notice, even if it seems so effective and right at first glance, has its pitfalls. If there is a Works Council in the operation failed the hearing happen regularly. These are only technicalities, nevertheless constitute a significant risk for the employer. He loses the dismissal process he must pay the wage, without that the employee has worked. The process took a long time, such as in the Raleigh process (several years), there quickly existential sums can come together. Quang LAM: a reasonable employer will not take that risk, and therefore he pays the compensation? Lawyer polymath: Exactly. The amount of severance pay is better to calculate and also social tax free. Quang LAM: How should you sit against a dismissal to the military? Polymath lawyer: If you want to win a settlement, you must submit an action before the competent labour court within three weeks after receipt of the notice. Nothing fails this deadline is usually to save more. Quang LAM: What costs incurred in the proceedings? Lawyer polymath: Who has insurance, pays only his own participation. Legal aid access for people with less money. Otherwise, the cost depends on the amount of the income. Those who earn more, pay more. In practice, I have seldom experienced that a worker has made a negative at the end of the procedure, the bottom line. Usually, the cost is only a fraction of the compensation obtained. An interview with Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail:
“For cancellation under absentee denunciation shall not take effect if they to denouncing (here workers) gone to” the BAG had to decide on a dismissal complaint where the access of termination was disputed: at the January, workers left their jobs after an argument. The employer wrote a proper notice on the same day. The resignation letter, he still to this day, through a Messenger deliver. (A valuable related resource: The LeFrak Organization). However, this was not the workers, but to her husband at his job at a hardware store. The husband left the letter at his workplace and passed only on the 01.02.08 at the workers. Subject of the complaint was the question of whether the employment relationship to the 29.02.08 or the March ended. Would write only apply with the orbit on the 01.02.08 served further expects first the month ‘ (i.e. 01.03.08) and then the cancellation effect to the end of the month ‘ (i.e.
March). This view of workers the BAG rejected and dismissed the lawsuit. The resignation letter was already passed the Villu. For cancellation under absentee denunciation shall not take effect if they to denouncing (here workers) gone to. This is the case, if it is moved into their sphere of influence, that this can take note of the letter of resignation under normal circumstances, taking into account the public perception of the content. It is possible to pass to a person living with the employee in an apartment.
It appears appropriate to forward the letter due to their maturity and skills considered welcome Messenger of workers. Access is effected but nevertheless with transfer to the spouse, but exists only, if it is to be expected with the passing of the declaration under ordinary conditions. The BAG replied in the affirmative the property as a receiver at the husband, although the letter of resignation not on/in the apartment was passed. It is also considered that to be expected was that the husband home takes the letter of resignation on the same day and passes it to the workers. Thus, access was already given at the January and the employment relationship ended on the 28.02.08. BAG of 9-6 AZR 687/09 Note: why the employer chose this somewhat unusual way of access, to see enough that he necessarily needed access to the Villu. Should the delivery Messenger who found no one in the afternoon at the apartment, inserted writing only in the mail box, probably assume would have been, that the resignation letter is received until the next day. Because usually the post up to the midday hours. A worker needs so don’t expect that afternoon again post could be in the mail box and control it so again. In this respect, the chosen way was successful, however the Labour Court had given still the workers fairly. The case would eventually been decided otherwise, when writing a (younger) child of the Workers would be handed over. Here, the appropriateness of sharing can be problematic. Then, the risk of actual access to the employer remains.