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Frankfurt / Main (dpa / lhe) - The suspicion of killing the landlord justifies the termination of the lease without notice - also in commercial tenancy law.
The higher regional court (OLG) Frankfurt decided on Wednesday and granted an eviction action.
In the negotiated case, the urgent suspicion concerned the managing director of a car dealership.
There were repeated inconsistencies in the lease that had existed since 2011.
The landlords, a married couple, had given several terminations without notice, but were unsuccessful with an eviction suit before the Hanau district court.
At the beginning of the year, when the appeal proceedings against the judgment of the regional court were already underway, the man was reported missing.
Only the landlord's car and phone were found.
The managing director of the defendant tenant is in custody on suspicion of manslaughter.
In its judgment, the OLG decided that in this case the principles of suspected dismissal from labor law are transferrable.
In principle, acts of violence by the tenant towards the landlord could lead to the tenancy being terminated without notice, even without a warning.
However, they would have to be proven.
But if the case is a particularly serious case, such as willful killing, a predominant probability is sufficient for the commission of the act if remand detention has been ordered.
It is unreasonable for the landlord to wait for the tenant to be convicted first, according to the court in its decision, which is not yet legally binding (Ref .: 2 U 13/20).
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© dpa-infocom, dpa: 210331-99-45068 / 3