fall flat dismissal by virtue of its needs are not always, although captive present as such. It is settled case-law of the Eighth Senate of the Federal Court that, under the command of consideration - a sub-case of abuse of rights - from the landlord to be offered to others in the same house or in the same residential neighborhood comparable apartment to the tenant, if that within the period of notice of lease is free. Anbietpflicht This does not apply if the other vacant apartment until a month after the notice is available (BGH, Judgement of 04.06.2008, VIII ZR 292/07). If a comparable dwelling is available but must offer the landlord to the tenant and to inform them of the essential conditions of rental. These conditions are size and equipment of the apartment and the rental terms. This has the Supreme Court in its latest decision of 13 October 2010 - VIII ZR 78/10 - (Press Release No. 192/2010) confirmed. If the landlord fails to Anbietpflicht, termination is very unfair and ineffective. (Copyright ago)
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