Almost everyone is affected by (residential) tenancy law, whether as a tenant or landlord. For a conflict-free relationship, it is important to know what rights and obligations you have. The structure of the rental agreement is of crucial importance for this.
Our expert for tenancy law: Attorney Catrin Gastberg
In order to prevent unpleasant surprises, we will be happy to advise you on all tenancy law issues, both as a tenant and as a landlord. With lawyer Catrin Gastberg you will find a knowledgeable, competent contact person who specializes in tenancy law and has been working in this field for years. Disputes in tenancy law are often caused by:
Disputes when returning the apartment can sometimes cost a lot of money. It is therefore important to take precautions before the end of a tenancy so that there are no unpleasant surprises afterwards.
Decisive for this are, among other things, the notice periods changed by the tenancy law reform, the obligation to carry out cosmetic repairs, the removal of tenant-owned fixtures and much more
Rental defects / reduction
One of the most common points of contention, which is also where the most misinformation and half-truths are in circulation. The law automatically provides for the right to reduce the rental price in the event of a defect or the restriction of contractual use, regardless of the consent of the lessor. It is usually difficult to determine the amount of such a reduction, which is best discussed with us as expert lawyers.
Both overstating and understating the mitigation can have significant financial implications that you can easily avoid. After we have recorded and checked all legally relevant facts, we will discuss the appropriate reduction rate for you.
A frequent point of contention has meanwhile been decided by the Federal Court of Justice: After the tenancy law reform, a tenant now also has the right to a rent reduction retrospectively if he has reported the defect to the landlord and the latter has remained inactive. The right to reduce the contractually agreed rental amount in the event of a defect in the rented item or if the contractual use is restricted is a statutory right that does not depend on the approval of the lessor.
Legality of rent increases:
The constant reforms of tenancy law have resulted in some changes. Under certain legal conditions, a landlord can demand an increase in rent up to the amount of the local comparative rent. However, various formalities have to be observed for this and mistakes are often made when determining the local comparative rent.
Rent increases due to modernization measures are also often a point of contention. This applies in particular to all measures that lead to sustainable savings in energy and water. It is not uncommon for modernization to trigger the tenant to move out (which can certainly be avoided) or lead to a rent increase that can quickly amount to €1,000 per year. We will be happy to check your rent increase letter for compliance with the statutory provisions.
Modernization and construction measures in the apartment:
This is a lot of money and nerves for both sides. The often lengthy and strenuous construction work of the landlord in the apartment and building must be announced in good time and carried out with the greatest possible consideration. It must be checked on the basis of the individual case under which conditions the measures are to be tolerated by the tenant.
We check the admissibility of the measures announced and implemented for you in accordance with the statutory provisions. We would be happy to advise you and represent your interests from the beginning of the measures to the enforcement of your claims after the work has been completed.
Arrange a meeting with us. We will be happy to clarify all pending questions with you in detail and at your leisure.