According to a decision by the Frankfurt Higher Regional Court, renting out living space “per mattress” is immoral and therefore void.
A planned action for damages by a tenant of three Wiesbaden buildings after the termination of the lease without notice, among other things because of lost rental income, has no chance of success, the Higher Regional Court decided after a notification on Thursday.
It remains the case that the tenant is not granted any legal aid - his complaint against a corresponding decision by the Wiesbaden Regional Court was rejected with the OLG decision.
In the spring of 2014, the tenant leased the three buildings in the Wiesbaden district of Dotzheim for ten years.
In the years that followed, both the police and city officials noticed that the buildings were overcrowded, as well as littering and rat infestations, and local media reported, among other things, that "renting per mattress" was taking place.
After all, the lease was terminated without notice in May 2019 due to late payment and the tenant was banned from entering the building.
No payment claims of the tenant
This, however, demanded reimbursement of renovation costs and referred to non-compliance with sales plans for the buildings.
In order to be able to sue the opponent for 100,000 euros in damages, the tenant applied for legal aid, which the Wiesbaden district court refused him.
The Higher Regional Court has now rejected his appeal.
The tenant is not entitled to any payment claims, the statement said.
The lease was effectively terminated without notice due to the neglect of the building and default in payment.
There is also no entitlement to lost rental income, since the lease had already been effectively terminated.
Renting living space "per mattress" is immoral and leads to the nullity of the sublease.
These also violated the ban on overcrowding of living space.