Private & Family
Rent and condominium ownership
Tenant protection and tenant rights
Residential tenancy agreement
In residential tenancy law, the law and case law give the landlord many guidelines as to what they may regulate in the tenancy agreement, in particular to what extent they may pass on obligations to the tenant.
A well-known example: Without a provision in the tenancy agreement, the obligation to maintain the rented property through cosmetic repairs is a landlord’s obligation. If the landlord wants to pass this duty on to the tenant, they may do so only if flexible time schedules apply to the cosmetic repairs and if the rented property was not handed over to the tenant unrenovated without consideration.
If the landlord does not comply with this and, for example, writes a final renovation clause into the contract, the contractual rules on cosmetic repairs as a whole become invalid. Cosmetic repairs must then be carried out by the landlord – if necessary, also during the rental period. This even applies to rooms that were unrenovated at the beginning of the contract. However, the tenant must then contribute an appropriate amount – usually half – to the costs of the cosmetic repairs.
Even if you as a residential tenant do not have reason to expect any surprises, there are nevertheless points where special caution is required: Are fixtures and fittings of the previous tenant to be taken over? Is the tenant’s right to terminate the lease excluded in the first few years? Are the advance payments for operating costs too low?
Rental deficiencies: What to do?
In the event that the rental use is not simply insignificantly impaired (rental defect), tenancy law provides a number of rights of the tenant and obligations to the landlord (so-called warranty of defects): the reduction of rent, the right to remedy the rental defect (remedy) and – in the event that no remedy is provided – the right to self-help with reimbursement of costs, claims for damages, or the right to extraordinary termination without notice. For their part, the tenant is obliged to inform the landlord immediately of any defects.
Notification of defects, requests for remedy, setting of deadlines, the preservation of evidence – all this requires special care, especially with regard to a possible legal dispute, and means a considerable burden for you as a tenant. Calling in legal assistance at an early stage can relieve you of this burden.
We can help you answer the following questions:
- Is there a rental defect?
- Can I reduce or withhold the rent? By how much?
- How should I proceed?
End of tenancy
The termination of tenancy and the landlord’s associated demand for eviction are a considerable burden for the tenant. The flat is the center of their life, which they naturally want to preserve. The involvement of a lawyer is strongly advised. Our task is to advise you in the event of an imminent or already affected termination, to support you in negotiating with your landlord, to represent you in an eviction dispute, and – if necessary – to protect your rights during the enforcement proceedings.
In addition to termination, the tenant’s obligations upon moving out are not infrequently in dispute: the landlord could demand that cosmetic repairs be carried out or that defects be remedied. If the tenant does not comply, the landlord could commission a repair company and claim the costs incurred against the tenant. In these cases, we can check whether the landlord’s claims are justified and enforce the repayment or release of your rental security or rental deposit.
Rent increase and rent control
There can be various reasons for a rent increase:
- The landlord sets new advance payments for operating costs or new flat rates for operating costs.
- The landlord invokes a graduated rent or price index clause agreed to in the tenancy agreement.
- The landlord invokes a modernization of the flat or the living environment.
- The landlord demands consent to an increase of the rent to the local comparative rent.
We can check whether the landlord’s letter meets the formal requirements and whether the conditions for the rent increase are met. If the rent increase is unjustified, we will confer with you on how to proceed.
Separate from the rent increase is the rent overcharge under the Economic Offences Act (§ 5 WiStrG 1954) and especially under the regulations on the so – called “rent control” in the German Civil Code (§§ 556 d to g BGB). A violation of rent control exists if:
- the flat is located in an area for which the state government has determined a tight housing market (e.g. the whole of Berlin),
- the flat was not used and rented for the first time after 1 October 2014 or after extensive modernization,
- the landlord charges more than 10% above the local comparable rent as rent,
- the aforementioned rent is not justified by the previous rent or modernization measures in the last 3 years prior to the start of the tenancy and the resulting permissible rent increase.
As lawyers, it is our task to check the comparative rent, to write to the landlord for information on the necessary data, and to declare the necessary reprimand on your behalf. After a reprimand, the excess rent paid can be reclaimed under reservation.
Our services include:
- Examination, advice, and representation in the conclusion of tenancy agreements.
- Advice and (extra)judicial representation in tenancy disputes.
Frequently asked questions about Private & Family
Private & Family
Rent and condominium ownership
Tenant protection and tenant rights
Residential tenancy agreement
In residential tenancy law, the law and case law give the landlord many stipulations as to what he may regulate in the tenancy agreement, in particular to what extent he may pass on obligations to the tenant.
A well – known example: The obligation to main tain the rented property by cosmetic repairs is a landlord’s obligation without a provision in the tenancy agreement. If the landlord wants to pass on this duty to the tenant, he may only do so if flexible time schedules apply to the cosmetic repairs and i f the rented property was not handed over to the tenant unrenovated without consideration.
If the landlord does not comply with this and, for example, writes a final renovation clause into the contract, the contractual rules on cosmetic repairs become invalid as a whole. Cosmetic repairs must then be carried out by the landlord – if necessary also during the rental period. This also applies to rooms that were unrenovated at the beginning of the contract. However, the tenant must then contribute an appro priate amount – usually half – to the costs of the cosmetic repairs.
If you as a residential tenant do not have to expect any surprises, there are nevertheless points where special caution is required: Are fixtures and fittings of the previous tenant to be taken over? Is the tenant’s right to terminate the lease excluded in the first few years? Are the advance payments for operating costs too low?
Rental deficiencies: What to do?
In the event that the rental use is not only insignificantly impaired (rental defect), tenancy law provides for a number of rights of the tenant and obligations of the landlord (so – called warranty of defects): the reduction of rent, the right to remedy the rental defect (remedy) and, in the event that no remedy is provided, the right to self – help and reimbursement of costs, claims for damages or the right to extraordinary termination without notice. For his part, the tenant is obliged to inform the landlord immediately of any defects.
Notification of defects, request for remedy, setting of deadlines, preservation of evidence. All this requires special care – also with regard to a possible legal dispute – and means a considerable burden for you as a tenant. Calling in legal assistance at an early stage should relieve you of this burden.
We can help you answer the following questions:
Is there a rental defect?
Can I reduce or withhold the rent? How much?
How do I have to proceed?
End of the tenancy
The termination of the tenancy and the landlord’s associated demand for eviction are a considerable burden for the tenant. The flat is the centre of their life, which they want to preserve as a tenant. The involvement of a lawyer is strongly advised. Our task is to advise you in the event of imminent or already effected termination, to support you in negotiating with your landlord, to represent you in an eviction dispute and, if necessary, to protect your rights in the enforcement proceedings.
In additio n to termination, the tenant’s obligations upon moving out are not infrequently in dispute: the landlord demands that cosmetic repairs be carried out or that defects be remedied. If the tenant does not comply, the landlord commissions a repair company and claims the costs incurred against the tenant. In these cases, we check whether the landlord’s claims are justified and enforce the repayment or release of your rent security or rent deposit.
Rent increase and rent brake
There can be various reasons for a rent increase:
- The landlord sets new advance payments for operating costs or the flat rate for operating costs.
- The landlord invokes a graduated rent or price index clause agreed in the tenancy agreement.
- The landlord invokes a modernisatio n of the flat or the living environment.
- The landlord demands consent to an increase of the rent to the local comparative rent.
- We check whether the landlord’s letter meets the formal requirements and whether the conditions for the rent increase are met. If the rent increase is unjustified, we will agree with you on how to proceed.
Separate from the rent increase is the rent overcharge under the Economic Offences Act (§ 5 WiStrG 1954) and especially under the regulations on the so – called “rent brake” in the German Civil Code (§§ 556 d to g BGB). A violation of the rent brake exists if
- the flat is located in an area for which the state government has determined a tight housing market (e.g. the whole of Berlin),
- the flat was not used and rented for the first time after 1 October 2014 or after extensive modernisation,
- the landlord charges more than 10% above the local comparable rent as rent,
- and this rent is not justified by the previous rent or modernisation measures in the last 3 years before the start of the tenancy and the resulting permissible rent increase.
As lawyers, it is our task to check the comparative rent, to write to the landlord for information on the necessary data and to declare the necessary reprimand on your behalf. After a reprimand, the excess rent paid under reservation can be reclaimed.
Our services include:
- Examination, advice and representation in the conclusion of tenancy agreements.
- Advice and extrajudicial and judicial representation in tenancy disputes.
