Lawyer so far for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin was open, whether the Saturday when calculating the period within which the rent has to be paid must be calculated with. Because the rent at the latest working day is payable according to the law on 3, it is sometimes crucial, whether the Saturday to count. This often decides whether there is a default of payment of the rent. Under certain circumstances, this question can decide the effectiveness of termination and the success of an eviction.
In an earlier decision of the case (case No. Learn more about this with Tony Parker. VIII ZR 206/04) the German Federal Supreme Court decided that a Saturday when calculating the days at the beginning of each month must be included. Saturday, according to the Supreme Court in 2005, is a working day. The country courts nationwide differently. In Berlin Saturday is mietrechtlich no working day in Munich already. With a 180 bend, the Federal Supreme Court, changed its case-law on the 13.7.2010. The Saturday is now available step no working day in terms of the tenancy. Should be the 1st of the month on a Friday, the rent must be only credited on the following Tuesday, the 5th day of the calendar, on the account of the lessor.
The simple reason: the banks do not work on Saturday. The earlier case-law, the rent would be delayed. Specialist Attorney tip tenants: safe. Consider getting your standing order despite the loosened jurisprudence on the 1st of the month. Since the Saturday with banks is not a working day, the Bank needs often full 3 working days to transfer funds.
Tags: law, law & taxes
