Tenancy law for real estate practitioners

Current BGH case law

• Among other things, action for eviction before expiry of the notice period, costs for smoke alarms and waste management, replacement of tenants in shared flats, termination for use, liability for mold damage, commercial interim letting of the employer, window cleaning from the outside, burden of proof for cosmetic repairs, damages without grace period, termination without notice and in due time in case of default of payment.

Innovations due to the Tenancy Law Amendment Act

• Modernization and modernization rent increase, in particular energy modernization and heating replacement according to GEG, if the deposit is not paid, action against tenant nomads and eviction order.

Conclude rental agreements securely

• Among other things, cosmetic repair clauses according to the latest case law, written form problems and traps, fixed-term rental agreements.

Agreeing operating costs effectively and billing them correctly

• Among other things, apportionable costs and apportionment key in detail, treatment of vacancies, mixed-use properties, violations of the economic efficiency requirement, claim for additional payment and preclusive period, adjustment of advance payments, tenant objections, procedure in case of incorrect or missing statement, operating cost statement (sample).

Adjusting rent and advance payments

• Including after the implementation of modernization measures, adjustment of advance payments or flat rates for operating costs, formal rent increase (sample).

Acting correctly in the event of defects in the rental property

• Among other things, construction defects and building age, defects in the rental property (environmental defects: "Bolzplatz decision" and "Baulärmentscheidung" of the BGH, defects in condition: area deviation), warranty rights of tenants (reduction, reimbursement of expenses, damages, etc.), loss of warranty claims, burden of proof in the event of defects.

Terminating and winding up tenancies correctly

• Among other things, form and content of ordinary termination and termination without notice, death of the tenant party, termination due to late payment, the tenant who is constantly late in paying, effectiveness of cosmetic repair clauses and setting a grace period for cosmetic repairs (sample), consequences of unauthorized eviction, limitation of claims in the tenancy, demolition, fast and cost-effective eviction enforcement.
• Limitation of claims from the rental agreement.

Sample texts for extrajudicial/judicial legal action by the tenancy administrator

• Among other things, rent increase to the local comparative rent, rent increase after modernization measures, warning due to unpunctual, late rent payments, ordinary termination due to personal use, termination without notice due to default in rent payments.