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Starnberg (dpa / lby) - Can a caravan be an apartment?
A permanent camper from Lake Starnberg sees it that way.
He is currently pulling through the courts against the termination of his plot on a campsite and invoking tenant protection.
The Munich II district court ruled in January: Even if someone reported a second home for the caravan, pays second home tax and lives there for a large part of the year, the tenancy law according to the German Civil Code (BGB) does not apply to apartments.
Now the dispute goes into another round.
The man has appealed and is taking action before the Munich Higher Regional Court (OLG).
An OLG spokesman confirmed the receipt of the appeal.
The plaintiff had a fixed-term, long-term lease on a site on Lake Starnberg for almost 2000 euros per year.
The campsite operators had not extended this because they wanted to give up the site.
The man complained against this and relied on Section 575 of the BGB.
Since he spends most of his life at the campsite, especially in the warm season, the regulations applicable to tenancy agreements about living space should apply.
The unfounded time limit of a tenancy is ineffective.
The district court saw it differently.
The man has rented an area.
Living space, on the other hand, is understood to be a space designated for living under the contract, enclosed by the floor, walls and roof.
Housing in movable objects such as building barracks, caravans, ships are legally not living space.
In that case, the caravan was also the property of the plaintiff.
As a pure floor area, the camping parcel should not be qualified as living space because it does not represent an enclosed space.
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The man himself is the owner of a company that operates dormitories and apartment hotels, among other things.
A few years ago, the company had argued with the authorities about the cost of housing for those in need.
According to the company, the dispute has not ended to this day.
© dpa-infocom, dpa: 210220-99-518724 / 2
District Court Munich II
BGB Paragraph 575