Tenant’s Right of Occupancy Case
Federal Republic of Germany Federal Constitutional Court
89 BVerfGE 1 (1993)
- Written by Mary Katherine Cunningham, JD
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)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.