Tenant's Right of Occupancy Case

89 BVerfGE 1 (1993)

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Tenant’s Right of Occupancy Case

Federal Republic of Germany Federal Constitutional Court
89 BVerfGE 1 (1993)

Facts

A landlord (defendant) owned a building with two apartments. The landlord rented out one apartment above her apartment to a tenant (plaintiff)unrelated to her. After reaching old age, the landlord wanted to rent the apartment above her apartment to her son, who planned to care for her. The landlord therefore began the process to evict the tenant from the apartment above her apartment. The tenant opposed the eviction in court, arguing that as a tenant, he had a property interest in being able to rent out the apartment. The lower courts ruled in favor of the landlord, and the tenant appealed to the Federal Republic of Germany Federal Constitutional Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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