RESIDENTIAL TENANCY LAW
In-depth expertise to protect your rights
On this page you will find relevant information on the legal situation in residential tenancy law. If required, we can also offer you expert legal advice!
Residential tenancy law is a dynamic area that develops in the context of numerous court decisions. It intervenes deeply in fundamental areas of private life through the regulation of property and residential rights. The art of balancing the often complex relationship between landlord and tenant interests is at the centre of our legal practice. The JUR | URBAN team has many years of experience and great expertise in this area.
How can we help you?
For a non-binding enquiry, please contact us by email at berlin@jur-law.de or use the contact form at the bottom of this page. For a personal appointment on site, please call: +49 30-5557 82820.
Book online appointments here:
What is tenancy law?
Tenancy law is regulated in Sections 535 et seq. of the German Civil Code (BGB). It forms the legal foundation of the relationship between landlords and tenants and can be divided into one main and five specific areas:
- General tenancy law: The basic regulations for all tenancies.
- Residential tenancy law: Special regulations for residential tenancies.
- Commercial tenancy law: Regulations for renting premises for commercial purposes.
- Leasehold law: Similar to tenancy law, but for the transfer of use of land and other properties.
- Digital tenancy law: Since 2022, the provisions of tenancy law have also applied to contracts for the rental of digital products.
In short: Tenancy law regulates the creation, implementation and termination of tenancy agreements.
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Specialisation in residential tenancy law
The opportunity to qualify as a specialist lawyer for tenancy and residential property law has existed since 2004. This qualification emphasises special legal knowledge and experience in this area. Attorney Urban completed this training with the specialist lawyer course in 2020. In 2021, he was officially recognised as a specialist lawyer for tenancy and residential property law. Lawyers Siochou and Dickes have also completed the courses. Lawyer Benli is currently completing this course. The team’s in-depth understanding and expertise guarantee you competent advice and representation in all matters relating to tenancy law.
WHAT WE CAN DO FOR YOU
SERVICES IN RESIDENTIAL RENTAL LAW
- Enforcement and defense of the so-called “rent cap” (rent control):
Advice on the legal basis of rent, rent increases, including comparative rent, index rent and graduated rent.
- Deposit:
Support with all questions relating to rent deposits, from correct investment to reclaiming the deposit.
- Termination and eviction:
Advice and representation in the termination of tenancies and eviction proceedings, especially in the case of termination for personal use.
- Rent collection:
Efficient enforcement of rent claims and advice on defence against unjustified claims.
- Rental defects:
Enforcement of claims for the rectification of defects and advice on rent reductions due to defects.
- Training for private and commercial landlords:
We train and inform landlords on current case law, changes in legislation and issues relating to proper letting.
- Litigation in tenancy law:
Representation in legal disputes with a focus on tenancy law.
The support of specialised lawyers is a great help in residential tenancy law.
If you would like us to assist you with this, please arrange an online appointment directly:
- Keep Calm: If you have received a termination notice, it is important to remain calm and not make any hasty decisions.
- Keep paying your rent. If the original termination turns out to be ineffective, a (new) reason for termination may arise due to failure to pay rent.
- Analyze the reason for termination and check whether it is an ordinary or extraordinary termination.
- Check your objection options. In certain cases of hardship, you can object to the termination. Please note, however, that this may result in an eviction notice.
As a rule, both residential and commercial tenants must provide rental security. This can be deposited as a rental deposit savings account, rental guarantee or cash deposit.
The repayment of the deposit is not regulated by law and must be agreed in the rental agreement. If the deadline for repayment is not specified in the rental agreement, the deposit becomes due according to the case law of the Federal Court of Justice as soon as the landlord no longer has any claims that can be paid from the deposit. As a rule, this is the case 3 to 6 months after the rental property has been returned, but this depends on the individual case.
The landlord must settle his claims, in particular for operating and ancillary costs. If no high additional claims are to be expected, the tenant should generally demand a statement of account and payment of the rental deposit plus interest within six months of returning the flat, setting a deadline.
This can put the landlord in default, which opens up the possibility for the tenant that further legal costs, including legal fees, will be borne by the landlord.
