Judges love the Bobby-Car

Decision

How nice: the Wuppertal district court returned a child-friendly verdict: playing noise does not constitute grounds for terminating a rental agreement without notice

With this verdict in the appeal hearing, the civil chamber revoked a decision by the Wuppertal municipal court, where, the judges decided in favor of a landlord’s action for eviction against a couple in January. Elderly neighbors complained time and again about the noise made by the son and his friends when playing with their BIG Bobby- Cars on the garage forecourt. "A garage forecourt virtually invites children to play with Bobby-Cars there," were the words of the presiding judge Rolf Wilden. He pointed out that the noise was not disturbing the sleep of the residents and that those who live on a housing development have to accept the noise made by children. The decision (file no.: 16 S 25/08) is legally binding.