Tenancy law for real estate practitioners

Current BGH case law

• Among other things: eviction proceedings before the end of the notice period, video surveillance in the stairwell, replacement of tenants in shared apartments, termination for commercial use, liability for mold damage, separate rental agreements for apartments, basements, and parking spaces, window cleaning from the outside, standard form clauses vs. individual agreements, electricity supply contracts for room rentals or sublets, termination with and without notice in the event of late payment.

Changes to residential tenancy law

• Modernization and rent increases due to modernization, in particular energy-efficient modernization and heating system replacement in accordance with GEG (heat pump), if the deposit is not paid, inspection of scanned receipts.

Conclude rental agreements securely

• Among other things, cosmetic repair clauses and questions of burden of proof according to the latest case law, problems and pitfalls relating to the written form, and 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.