Residential and commercial tenancy law
Tenancy 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 law.
Our experienced team at JUR | URBAN advises and supports landlords.
WHAT IS TENANCY 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
- Lease 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.
Specialist lawyer for tenancy law
Since 2004, the professional law for lawyers has opened up the possibility of using the title of specialist lawyer for tenancy and residential property law in order to demonstrate special legal knowledge. Lawyer Urban attended the specialist lawyer course in 2020 and was awarded the title of specialist lawyer for tenancy and residential property law in 2021.
SERVICES IN Residential and commercial tenancy 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
- Allotment gardens
- Security deposit:
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
- Brokerage law:
Advice and representation of buyers, sellers and brokers
- Rent control (“Mietpreisbremse):
Enforcement and defense of rent claims; rent reduction; current information on the Berlin rent cap law here.
- Rent reduction:
Enforcement and defense of rent claims; rent reduction
- Rental defects:
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
- Keep calm: Avoid careless reactions!
- Keep paying rent: Keep paying rent:
- 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.