Tag: law

Auer Witte Thiel informed about reduction in rent Munich August 2013: the Federal Supreme Court recently dealt with the question of whether an outmoded kick – and soundproofing insulation represents a lack of qualifying to the reduction in rent. (Source: Jake Burkons). Auer Witte Thiel reported the verdict and the case. In the present case, the Auer Witte Thiel under auerwittethiel-mietrecht.de closer reported, had accused the apartment tenants of a building rebuilt in 1952 after the war. Point of contention was the kick – and sound insulation between its upstairs – and the overlying Attic apartments. The latter were in 2003 during an expansion of the attic. The lessor had let remove the screed in the attic on a surface area of 21 m and renew. Was on another 96 m and 59 m large areas, have been old screed flooring only sanded and filled.

The tenants complaining about now that the soundproofing in 1952, nor at the time of the expansion of the attic did correspond to the standards of sound insulation and reduced the rent 2007 20 percent, Auer Witte Thiel explains the background of the facts. Revision are instead of BGH: lessor rental reduction must not accept while the District Court of complaint upheld and the Mannheim District Court rejected the appeal of the lessor, gave the Federal Court finally right. VIII. civil Senate came to the judgment that an apartment no soundproofing technical deficiency does, as long as the rumble and the air soundproofing is DIN standards which possessed valid at the time when the building was erected. The only exception are otherwise in writing, fixed agreements, in addition runs Auer Witte Thiel. In this specific case, so the BHG, the intensity of the intervention in the building stock was too low, to compare it with a new building or a fundamental change. Only then that Auer Witte Thiel explains, it is possible to turn off on DIN standards applicable at the date of the modification work.

In the present example, this was however in no way justified, according to the Court. Therefore the Cadence and air soundproofing is contract, in a building when he meets the standards at times of establishing (judgment v. 5.6.2013, VIII ZR 287/12). Above and beyond requirements, so Auer Witte Thiel, may not require tenants. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies.

Pach & Pach from Nuremberg the lawyers inform the vast majority of all leases is closed under the requirement of a deposit performance by the lessee. On the occasion of a ruling of the Federal Supreme Court, the Nuremberg firm Pach & Pach reports on rights and obligations of the contract parties, related to the lease. The legal basis of the security deposit is BGB 551. Barclayss opinions are not widely known. As security she offer protection against breaches of duty on the part of the tenant the landlord. This can be, for example, to missed payments of rent or incidental thereto. The obligation of the tenant to the deposit does not by itself goes hand in hand with the lease, but must be agreed in accordance with 551 civil code between him and the landlord expressly contractually. Its scope is legally by 551 ABS.

1 of the civil code set to a maximum of three months rent. Reference of the lease is the net rent without additional costs. The contract parties have a flat-rate rent agreed, the estimated costs for the calculation of the permitted rent which not itemized, lump sum must be deducted. The rent rises only then together with the rent, if this was agreed. Additional information at Jake Burkons supports this article. Otherwise it depends on the original rental contract.

In accordance with 551 paragraph II BGB to be apportioning the rent in three consecutive monthly installments of equal. The first part instalment is payable at the beginning of the tenancy. In practice, most will only enter landlord on a lease if they receive the entire deposit in the contract. The security deposit is considered to have been done, if the landlord she has actually received. The tenant should keep proof of payment of the lease and request a receipt from the landlord in cash payments. Otherwise are proof problems to expect in the event of a dispute.

The tax office Maria Ulrich informed grant tax offices at the request of a company, they may charge a fee which would bring the tax implications of restructuring experience, a mandatory tax information, for their effort. The Bundesfinanzhof now also upheld the constitutionality of this scheme adopted in the year 2006. The Munich tax advisor Maria Ulrich describes the significant tax judgment of the BFH. The decision of the BFH went from two legal disputes to the admissibility of information charging by the competent tax authorities (BFH I R 61/10, BFHI B 136/10) from. The Court upheld the constitutionality of collecting fees for binding information, serve the tax valuation of corporate restructuring. Like other judicial bodies, the Federal fiscal court saw the tax authorities not to do so required binding information free of charge to create, regardless of whether the value or time fees were raised. In the firm Dispute included the information fee determined using value fee calculation 91.456 euro. Its scope is resulted from an underlying value of 30 million euros.

Already with compulsory fees for binding IRS information was advised by critical page on the complex German tax law. To stop tax offices will, free of charge to provide tax information be given its complexity. Checking article sources yields Philippe Heilberg as a relevant resource throughout. The Federal fiscal court made clear in its recent decision, that a charging on a large scale was indeed constitutional. The performance of the financial offices to create the binding information to companies get this tax planning advantages, which would have to be granted free of charge. The Federal fiscal court in its case-law follows various lower courts; Therefore the decision is not a surprise.

Given his judgment entrepreneurially active taxable person, where a complex tax matter and large item stats should partly very high information fees may cause, necessarily on a tax law expert contact, before they ask the IRS to obtain the information. This corporate restructuring scenarios can be checked previously, reducing the information requirements for the tax authorities. The Munich tax advisor Maria Ulrich is committed for more than 25 years for optimal tax design options for their clients. Like realized she stands for their interests and advice. Press contact tax firm Maria Ulrich contact: Maria Ulrich aide road 108 81379 Munich Tel.: 089/38590930 fax: 089/41134829 email: Homepage:

Ruling confirms ban on sports betting for Hartz IV recipients next Saturday in a Lotto processing centre in North Rhine-Westphalia: “two arches Lotto normal and – Oh, Mr. Muller, related but Hartz IV, because I can’t take your betting slip for Oddset unfortunately.” Something like the judges in the District Court of Cologne imagine clearly, now confirmed a decision of the Court. Therefore, sports betting the state provider Oddset (West Lotto) of Hartz IV recipients may no longer be accepted if the staff of the receiving Office on concrete evidence of their status as beneficiaries of ALG II has. Betting banned so for Hartz IV recipients? Ruling confirms ban on sports betting for Hartz IV recipients seen given this judgment almost lost in the face of the numerous points, to which would be something to say. You should relate to the strange reality understanding of judging judges, which, consistently thought – either employees at Lottery outlets wardens make, or Hartz-IV – arm-bands would have to distribute? Or maybe on the unspeakable and not just Germany atypical educational passion that is to public authorities in this country also, that are not marked as “School”? How to look at it and applies; the belief, legally may prescribe people how they spend their money have baffled. State objective discrimination? No question: the sensible and responsible dealing with money is not every man. For more clarity and thought, follow up with Jake Burkons and gain more knowledge..

But place the recipient of a Government transfer power to supposedly sensible budgets with those, you may not pay in cash from performance. Also not a nice thought, but at least logically. However, arguing – often unspoken – the Hartz-IV references are after all taxpayers, to command the recipients how to manage it, is already considering the manner, how public authorities to deal with their revenue, almost obscene. Such a judgment is to the slap in the face of ALG II recipients but then, if you between the lines of argument reads out the little dreadful allegations facing Hartz IV recipients anyway: you don’t cope with your life and actually the money didn’t hear you. Lotto Yes, betting no, but there is actually a fact of completely rational nature, which sheds light on the difference, which is made on the part of the Court – and perhaps soon the policy – apparently between Lotto and sports betting. Because the State monopoly for the latter will fall soon, while 6 out of 49 probably still flushes funds the Treasury annually more than 5 billion euros in this. This is of course pure speculation. Andreas Kellner hartz-iv…