Advice for landlords and tenants on residential tenancy law
Residential tenancy law is characterised by extensive protective provisions in favour of tenants and has been shaped in many respects by case law. We advise landlords and tenants alike – from drafting the tenancy agreement to the end of the tenancy.
The key points at a glance
Mandatory tenant protection
Many provisions of residential tenancy law cannot be waived to the tenant’s detriment, for instance those on termination, rent increases and deposits. Any agreements to the contrary are invalid to that extent.
Rights and obligations during the tenancy
The landlord must keep the flat in the condition required by the agreement. Where there are defects, the rent may be reduced by operation of law. The tenant must pay the rent and treat the flat with care. Decorative repairs can be passed on to the tenant only under strict conditions.
Level of rent
The rent at the start of a tenancy is capped in tight housing markets such as Munich. Later increases are possible in particular under the rules on the local comparative rent, following modernisation, or under a valid stepped or index-linked rent agreement.
Termination
The landlord may terminate by ordinary notice only where there is a legitimate interest (§ 573 BGB), for example personal use. Termination without notice requires good cause (§ 543 BGB). In certain circumstances the tenant may object to termination on grounds of undue hardship (§ 574 BGB).
How we proceed
We review the tenancy agreement, correspondence and, where applicable, photographs or reports, and clarify your concerns.
We explain your rights and obligations and recommend a coordinated course of action.
We draft letters, negotiate with the other party and, where necessary, represent you before the local court.
Frequently asked questions
Do you act for landlords or tenants?
We advise and represent landlords and tenants alike, and are therefore familiar with the arguments on both sides.
When may the rent be reduced because of defects?
The reduction applies by operation of law where a defect impairs the fitness for use more than insignificantly. The defect should be notified to the landlord. The appropriate amount depends on the individual case.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich