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Mietnomaden - Proposals of the BSI

The GdW Federal Association of German Housing and Real Estate Associations V. published in May 2010 under other suggestions for dealing with Mietnomaden.

is this from the Confederation of National Associations of Real Estate (BSI) is proposed:

"1 information

" Mietnomaden "who are not willing to make regular rent payments, often detected by obtaining similar information be. It is therefore crucial that the get the opportunity to obtain information on prospective tenants in the previously existing measurements is maintained and not restricted. By the Conference of Data Protection Officer of the countries (Düsseldorfer Kreis) without consulting the housing industry counteract this, provided information on handling requests for information that the Federal Government, the "Mietnomadentum" fight, and will be rejected by us.

second Security

An important measure to combat the "Mietnomadentums" is the creation of the obligation to provide security for disputed rent reduction amounts withheld at the request of the owner. Be notified of a "Mietnomaden" alleged defects in the rented, it is for a third party only in a conspicuous disparity between the alleged defects and withheld rent from a tenant to distinguish normal. While it is the honest tenant to restore the equivalence between the licensed apartment and the rent, the interest of the "Mietnomaden" but only on the alternative use of the rent owed is addressed. If the "Mietnomaden" The other use can be taken would then disappear a major motivation for action.

third Termination option

The justification of the obligation to guarantee the selection made to accord a right of termination in the absence of security and the achievement of a significant proportion of rent dispute.

4th Process shortening

The injunction proceedings for the assertion of the right to guarantee the proper procedure, since by the security services do not constitute an anticipation of the matter still is a shift in the risk of insolvency. Obtaining a permit for an eviction notice by the absence of a guarantee to be in the certificate process be possible as all the circumstances of documents (lease, collateral call, termination) are detectable.

5th Reduce enforcement costs and speed up the process

The scheme of the Berlin enforcement "by the case law is not of importance

justice. The execution of the eviction title must for cost reduction and process acceleration on the surrender of the apartment (Berlin enforcement - reducing costs to transport and storage costs by an average of € 5,000.00) can be effectively limited.

Although the Supreme Court by order of 17.11.2005 decided to Az I ZB 45/05:

"The creditor may limit the enforcement in accordance with § 885 ZPO to surrender the apartment if he at all in the rooms located objects, a right of lien claims. Although in this case, the dispute between the parties to the enforcement procedure under § 885 ZPO as to if all movable property shall be the obligor covered by the lien, the court did not make an evacuation of the apartment according to § 885 paragraphs 2 to 4 Code of Civil Procedure. "

legal security is only one statutory provision.

also the procedure to the publication or exploitation of the property the debtor has not yet been solved satisfactorily. Especially with "Mietnomaden" exceed the transport and storage costs, the value of the goods and the interest in these, so here shortened retention periods and simplify recovery operations must be created. "

On the subject of the lively discussion with colleagues cousin.

addition here, here and here as examples of the abundant publications is not exhaustive.

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jurisdiction for Berlin's tax

The Appendix to § 2 of the tax-regulation of competence became acute in-law and Official Gazette of Berlin from 29.05.2010 No. 13 published (2010 pages 259 ff) .

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As can vouch for up to 148 billion euros

The "Law on the assumption of warranties

in a European

stabilization mechanism " is on May 22, 2010 as follows proclaimed been :

§ 1 warranty authorization

(1) The Federal Ministry of Finance is authorized to credit, one of the Member States of the euro-area established or appointed special purpose vehicle to finance emergency measures to maintain the solvency a Member State of the euro area picks up, warranty, up to 123 billion euros to take over if they are emergency measures to maintain the solvency of the Member States is necessary to ensure financial stability in the monetary union. The condition is that the affected Member State has agreed with the International Monetary Fund and the European Commission, composed of the European Central Bank is an economic and fiscal policy program and that this was approved by the States of the euro-area agreement. The threat to solvency of a Member State of the euro area has previously by the States of the euro area to the exclusion of the Member State together with the International Monetary Fund and the European Central Bank to determine consensus. Warranties under sentence 1, only 30 be taken June 2013.

(2) The assumption of warranties in paragraph 1 requires that the countries of the euro area to the exclusion of the Member State and with the participation of the European Central Bank and in consultation with the International Monetary Fund agreement agree that emergency measures after the EU Council Regulation establishing a European financial stabilization mechanism is insufficient or not fully to the threat to the solvency of the Member State to turn the euro area.

(3) A guarantee to a maximum amount of this authorization in the amount to be counted in which the federal government can be taken from it to complete. Interest and costs shall not be counted against the authorization framework.

(4) Before assumption of warranties in paragraph 1 seeks the federal government to reach consensus with the Budget Committee of the German Bundestag. The Budget Committee has a right to be. be accepted unless for compelling reasons, a warranty before making a consensus must be, the budget committee shall be informed immediately after the event, the imperative of the provision of warranties before making the agreement is to be justified in detail. The Budget Committee of the German Parliament is also informed on a quarterly basis on the guarantees assumed and the proper use.

(5) In assumption of guarantees by the Federal Ministry of Finance has the Budget Committee of the German Bundestag, the contract will be submitted via the SPV.

(6) The warranty under paragraph 1 may be exceeded in paragraph 1 shall be allocated under the conditions of § 37 paragraph 1 sentence 2 of the Federal Financial Regulation with the consent of the Budget Committee of the German Bundestag by up to 20 percent.

§ 2 Entry into force

This Act shall enter into force on the day following its promulgation.

Delivered in the Federal Law from 22.05.2010 - No. 24 - Page 627 f.

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Link: Finance Act 2010 and possible sales tax changes from 01.01.2011

evidence at Juris Sales Tax Changes for 1.1.2011 to the Finance Act 2010 "by Robert Prätzler StB.

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Property Valuation Ordinance

on 01.07.2010 enters the new due to the § 199, paragraph 1, Building Code adopted version of the Property Valuation Ordinance - ImmoWertV - in force. It has been published 27.05.2010 in the Federal Law Gazette No. 25 on pages 639 ff.

The changes see, for example here and here.

announcement as well here and opinion here.

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What to do with the Berlin rider season? Profound discussion in the House of Representatives

Small question by Mr Greg Hoffmann (CDU) of 21 April 2010 (received by the House of Representatives on April 21, 2010) and A: What to do with the rider season?

"On behalf of the Senate of Berlin, I will answer your little question as follows:

first

What are the requirements to host the equestrian season, and what costs are associated to

2? . To what extent does the site Karl Horst, the necessary conditions and basis of which Criteria in site selection decision primarily in Berlin?

Re 1 and 2: The state of Berlin has no cavalry division.

Berlin, 09 May 2010 Dr. Ehrhart Koerting Senator of the Interior and Sport

Note: The cavalry division was formerly held by the Berlin police and taken over by the Federal Police now

see here. .

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reception instruction to control the lodges services

The caring President of the Higher Administrative Court of Berlin-Brandenburg can under the rules of the house visitor, whether lawyers or not, only in the courthouse when they tell the doorman, who want to visit them and the person that should be visited, even there is (or is ready to receive? ). " reception instruction to control the lodges services " is the in-house administrative order.

Found in a response of the Berlin justice Senator to an oral question in the House of Representatives:

"Question: Which laws, it is lawyers and notaries, other than the employees of the judiciary, forbidden to enter the Higher Administrative Court of Berlin-Brandenburg Charlottenburg before 08.30 clock

Answer: The Senate Administration of Justice in October 2007 a general disposition of the opening times of the courts of general jurisdiction, the administrative justice, social justice and the law enforcement authorities of the State of Berlin adopted (Official Journal of 12.10.2007, page 2645). Then the offices of the courts to follow, the days open to the public :

Mondays and Tuesdays: 8.30 bis 15.00 Clock Clock,

Wednesdays and Fridays: 8.30 bis 13.00 Clock Clock,

Thursdays: 8.30 bis 15.00 clock clock

and interview dates between 15.00 und 18.00 clock clock by appointment.

Since the term "public" does not distinguish between citizens on the one hand, and lawyers and lawyers and notaries is different on the other hand, is in the Order made clear that the limitation not apply to members of the legal and tax consultants . shall responsible

the president of the Higher Administrative Court of Berlin-Brandenburg, however, to take in pursuit of his house right for the buildings in the Hardenbergstraße further arrangements. A similar scheme he has in the "reception statement regulating the service boxes were taken. Then visitors outside the opening times are only with the consent of the competent authority in the buildings involved. This provision corresponds with other in-house rules and ensure that the visitors in the offices of the Higher Administrative Court of reliably meet a contact or a contact person.

Berlin, 06 May 2010

Gisela von der Aue, Senator for Justice

Conclusion: Outside of the branch opening times may only be visited by lawyers and judges offices of the Higher Administrative Court of Berlin-Brandenburg, if they explicitly agree. The judges with no fixed period of service that was always like that - who is not there, can not be visited. Now seem to apply force reception instruction, the branch-opening times in the Higher Administrative Court of Berlin-Brandenburg for lawyers. Court or tribunal or not - if the branch-employee does not want outside the opening times, he has also disturb lawyers.

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no remaining debts in case of insufficient effort for a job

A debtor's rejection of a policy decision of the Federal Court as to what efforts were needed for a job and whether and how they made credible should be to achieve the remaining debts. The IX. Civil Division made a decision in principle not necessary, because everything has already been made clear above court:

"In the Senate, jurisdiction is recognized that a job-loser held liable under § 295 para 1 No 1 InsO is detectable according to pursue adequate employment in order to rebut the Ver-debt-reproach (BGH, decision of 7 May 2009 - IX ZB 133/07, WM 2009, 1291 f Rn 5; v. 14th . January 2010 - IX ZB 242/06, WM 2010, 426 para 5).. It follows directly that it is for the debtor, which he alleged actions to achieve a reasonable acquisition as transparently as possible to the bankruptcy court stated and using appropriate evidence, including, in particular written search Bewerbungsge and include in that regard, response from the employers, demonstrated. the magnitude of the efforts exhibit to a sufficient job search to prove can, can not generally determine valid, but must be assessed case by case basis, taking into account sectoral, regional, and individual circumstances "

Federal DECISION -. IX ZB 267/08 - April 27, 2010

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back and forth to the General available to § 31 a BtmG in Berlin

The Examiner continues: "In Berlin want red-red extend the existing rule for personal use by up to ten grams of the investigation set in principle. In a lot of cannabis 10:00 to 3:00 p.m. grams should be avoided prosecution. However, there are exceptions such as the use of cannabis in front of children, in playgrounds, in schools or if the act "Can fear a negative impact on the safety of the public road." It says so in the of Justice, Interior and Health Administration jointly signed Senate's bill, which the Tagesspiegel present " source. Is determined The Tagesspiegel

now that the increase to 15 grams of the Senate Departments of Interior and Justice responsible rejected and the revision of the available published soon, as before, starting from 10 grams and some clarifications added.

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dispute in Berlin to General available to § 31a BtmG

It does not seem to be with the plans of Senator Lompscher in Berlin. Resistance suggests that, as the Tagesspiegel reported today e. Action is already, as the Berlin has general application to § 31 a BtmG the end of the 16th May 2010 formally lost their effectiveness. To date in Berlin prevailing administrative rights see here and here. In the Berlin Senate for action is obvious, especially as not only the Senate Department for Health, but also the Senate Departments of Interior and Justice are involved in it in the crucial area of law enforcement matters.

It remains to be seen what decisions are made.

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Berlin: soon 15 grams of hashish in principle with impunity?

The Spiegel reports: " Health Senator Katrin Lompscher (left) will soon sign an administrative rule that is in the capital to carry up to 15 grams of hashish or marijuana remain unpunished in the rule." details here.

So far is the Joint General disposal of the Senate Departments of Justice, the Interior and of Health, Social Affairs and Consumer Protection for the implementation of § 31 a of the Narcotics Act of 19 May 2005 (Official Journal for Berlin on 03.03.2006, Page 793 f.), the here is given provides for up to 10 grams of hashish that the proceeding.

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Violent juvenile robbery suspects on tour

The message in the Tagesspiegel, which attracted so many readers:

arrested two 17-year-old violent offenders are broken out according to the police on the night of ascension from a youth services facility in Tegel-Süd. They beat up an employee.

Together with a third 16-year-old offenders in the past week they had robbed passers-by in Berlin brutal. Shortly afterwards the trio were caught and got arrest warrants. The judge sent the two 17-year-olds but not in a detention center, but Tegeler in the Youth Services facility. Other than a fence, there are hardly any safeguards. The two are just as volatile such as the 16-year-old. He escaped from a youth services facility in Brandenburg.

source The Guardian

A comment of an online reader of the Tagesspiegel said:

by such judgments I will
a ) anyone recommend Berlin's nightlife to enjoy.
b) is not self-Berlin air to breathe at night (I could be green beaks of 2.3 young and rowdy because of a judge in the case law has probably tomatoes on the eyes Unconscious, or do not know what beat actually means that even one better get).
c) no children, translated into the world, at least as long as I live in this country. raise the risk by wild and violent young disabled sons or daughters to have to me is definitely too large.

comment to the comment:

If you are

a seriously) or

b) be laughed at in public or

c leave) to a third country of your choice, in which there is no violent crime and in which all judges decisions right and wise and sensible and purposeful are you? If a

apply): Please do not write such hysterical and totally unrealistic comments. If

b) apply: Keep it up, you are on the right track.

If c) apply a good trip. I fear they will be long and the journey, because in our part of the galaxy, you should not be find. Send us an intergalactic postcard views and tell of your experience.

This and more comments here.