Tenancy and condominium law is the subject of countless legal disputes and is therefore characterized like hardly any other field of law by supreme court jurisdiction. It touches on elementary core areas of our private life: property and residential law. The resolution of this tension is the central object of tenancy and condominium law.
Our experienced team at JUR | URBAN advises and supports landlords, tenants and condominium companies in safeguarding their rights.
WHAT IS TENANCY LAW AND CONDOMINIUM LAW?
Tenancy law comprehensively regulates the legal relationship between landlord and tenant and is governed by §§ 535 ff. of the German Civil Code (BGB). It can be roughly divided into three categories:
General tenancy law
Residential tenancy law
Commercial tenancy law
The subject of the tenancy law is the creation of a tenancy agreement, the regulation of rights and obligations of the contracting parties during the term of the agreement and the termination of a tenancy agreement.
Condominium ownership law is regulated in particular in the law on condominium ownership and the right of permanent residence (WoEigG). The object of the condominium ownership law is in particular the creation of condominiums, their management and the rights and obligations of the members of the condominium owners’ association.
Specialist lawyer for tenancy and WEG law
Since 2004 the attorney professional right opens the possibility to lead the designation as a specialist lawyer for renting and residential property right to point the special legal knowledge out. Attorney Urban has attended the specialist lawyer course in 2020 and will apply for the title this year.
SERVICES IN LANDLORD AND TENANT LAW
JUR | URBAN provides comprehensive advice on landlord and tenant law and offers the following services in particular:
Advice and representation of gastronomers
Enforcement and defense of rent increases:
Adjustment to the local comparative rent; index rent, graduated rent
Repair, maintenance and cosmetic repairs
Extrajudicial and judicial settlement and reclaim; defence against the use of the deposit guarantee
Termination and eviction:
of living space, commercial space and lease; protection against dismissal; protection against eviction; personal use; breach of written form
Advice and representation of buyers, sellers and brokers
Rent brake (“Mietpreisbremse) and Berlin rent cap (“Mietendeckel”): Enforcement and defense of rent claims; rent reduction; current information on the Berlin rent cap law here.
Enforcement and defense of rent claims; rent reduction
Enforcement and defence of claims for the removal of defects; rent reduction
Residential property law:
Contestation and replacement of resolutions; collection of house fees; enforcement of construction measures in common property; special right of use
SERVICES IN RESIDENTIAL PROPERTY LAW
In the field of condominium law, we are at your side with the following services:
Advice and representation of owners, owners’ associations, administrators and contractual partners of the community of condominium owners; in particular
Contestation and replacement of resolutions
Enforcement of structural measures in common property
Check reason for termination:Is there an ordinary or extraordinary reason for termination?
If necessary contradict: There is always the possibility to object to an ordinary termination due to hardship. But be careful! An objection can justify a premature action for eviction.
Grace period payment: If you, as a tenant of residential property, have been given notice of termination for the first time due to outstanding payments, the termination will be invalid according to § 569 BGB if the landlord is satisfied with the rent due and the compensation due according to § 546a para. 1 or if a public authority undertakes to satisfy the landlord within two months after the lis pendens of the eviction claim have been established.
As a rule, both residential and commercial tenants must provide a rental security deposit. This is done in the form of a rent deposit savings book, rent guarantee or cash deposit.
When the deposit has to be paid back is not regulated by law. The parties to the rental agreement can regulate this in the contract. If the deadline for repayment is not regulated in the rental agreement, the deposit is due according to the case law of the Federal Court of Justice in any case if the landlord is no longer entitled to any claims for which he can satisfy himself from the deposit. This is usually the case 3 to 6 months after return of the rental object, but depends on the individual case.
The landlord has to account for his claims, especially for operating and additional costs. Unless high additional claims are to be expected, the lessee should therefore normally demand settlement and payment of the rent deposit plus interest 6 months after return of the rented object, setting a deadline.
The landlord can thus be put in default, which opens up the possibility for the tenant that further legal costs, i.e. also the lawyer’s fees, are to be paid by the landlord.