We have all heard of/or lived such a situation once in our lifetime, in person of through friends or family members. There is going to be a big change in your work life and your new employer asks you to leave your home and go and live near to the new workplace. Actually, a practical solution, if you think about all the stress trying to search for a new flat in a new place and started to move without knowing if the new job is exactly what you were hoping to be. What happen however to your partner/spouse/children if you somehow stop to work at this place or if you cannot live with them anymore? Are they allowed to stay? The Federal Supreme Court (VIII ZR 191/18) recently discussed a similar case.

The Case:

A church congregation rented close by house into which the deacon was allowed to move with his family. The tenancy agreement contains the clause that the tenancy ends without further ado when the deacon leaves the church service. Now the deacon actually retires, and years later he dies. His wife, however, wants to continue living in that house and keeps the tenancy. The parish is however firmly against it, as the house was intended to be for the new deacon. During a discussion with the church landlord, it was agreed that the woman had to vacate her home. Nevertheless, the woman refuses to move out. Was she entitled to do so despite the clause in the tenancy agreement?

Tribunal Decision:

Federal Supreme Court decided that if a tenancy agreement is linked to the end of a permanent employment or a service, the tenant may refuse to move out afterwards: the tenancy may be continued unchanged.

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