Legal fields

Tenant protection and an almost immeasurable quantity of case law characterise apartment tenancy law.

We advise and represent you

• when drawing up residential rental contracts that are legally secure, for example,

  • in the correct designation of the parties to the rental contract and the necessary signatures under the rental contract (something often neglected for married couples),

  • in clauses for leases for a limited period (which are permitted only if there is legitimate interest),

  • or in clauses for exclusion of terminations and for aesthetic repairs [Schönheitsreparaturen];

• as relates to existing tenancies, for instance,

  • for timely and correct overdue notices for rent arrears (which much too often are handled negligently),

  • for warning letters for breach of contract (which must be precisely formulated to enable termination),

  • for rent increases according to the rent index [Mietspiegel] (which changes with practically every new edition),

  • for announcements of modernisation and rent increases in case of modernisation (which can hardly succeed effectively without technical and legal expertise),

  • or utility costs billing [Betriebskosten], asserting rental claims and supplementary payments of utility costs;

• in terminating the tenancy relationship

  • when formulating and serving terminations [Kündigung] that are legally secure due to default of payment or terminations for good cause or terminations in case of personal use by the landlord;

• after the tenancy relationship has ended

  • when enforcing eviction claims by means of effective actions for eviction against tenants, against subletters and other third parties by interim injunctions pursuant to Sect. 940a ZPO [Code of Civil Procedure].

• In addition, there are many other special questions or ways to shape individual cases,

  • for instance, in case of death of a tenant, insolvency of a tenant, or dilapidation of the rental property (“compulsive hoarders”, rent defaulters).