Bauroth Law Practice

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Leases and tenancies


The legal area of leases and tenancies comprises the relations connected with the letting of a flat or a piece of land to a third party.

 

Landlord and Tenant

 

The city of Berlin is abundant with tenants, which gives the law of tenancies a tremendous relevance. In Germany's capital, 86 percent of housing stock, in other words 1.6 million flats, are being let by landlords to tenants (source: Berlin Ministry of Urban Development, May 2011).

 

However, it is not just Berlin that knows the meaning of tenancy law. There are ever more German cities where people are searching affordable housing to let. Compared to other countries, Germans prefer to rent rather than to buy. This is just one of the reasons why German tenancy law is both complex and quickly modifying to adapt to the ever-changing needs of the population. The law in this area is not only a rich source of landlord-tenant disputes, but also of conflicts between tenants. The most common issues are defects of the flat itself and who is liable to fix it, reductions of the rent, just as well as when and if the rent may be raised. Further, a number of diverse questions may arise either before a tenant moves in or after he has moved out.

 

Through my comprehensive experience in the practice of landlord and tenant I am your legal expert on the field, which is valid for both landlords and tenants. Knowing your way around tenancies is particulary important if you have bought a rental object as a foreign investor and would now like to let it to third parties without taking any risks. I am happy to support you in any question related to housing law and tenancies.


© Photo: Natesh Ramasamy (Victorian Houses, Nottingham - under CC BY 2.0)
© Photo: Natesh Ramasamy (Victorian Houses, Nottingham - under CC BY 2.0)

My services in the area are broad and diverse. They include the following, among others:


For tenants

-Assessment of tenancy terms and agreements (before and after closing of contract)

-Defects of the rental object and how to reduce the rent according to the law

-Assessing who is responsible for maintenance ans reasonable repairs

-Dealing with rent increases

-How to react when a tenancy is terminated by the landlord

-How to reclaim your deposit after the contract has ended
-Examination of the end-of-year utilities statement

 

For landlords

-Drafting and assessment of tenancy agreements (in German and English)

-Legal assessment of single terms to be implemented into the contract

-Implementation of tenant duties

-Implementation of rent increases (in and out of court)

-Implementation of responsibilities to perform maintenance work and repairs

-How to end the agreement and what is after


© Photo: Christian Reimer (Lampe, reloaded - under CC BY-SA 2.0)
© Photo: Christian Reimer (Lampe, reloaded - under CC BY-SA 2.0)

Leases

 

Tenancy agreement (Miete) and leases (Pacht) are two different ways under German law to make rental objects available to others depending on the intention of the parties involved. With tenancies, it is mainly flats and material things that are let. In contrast, leases are about using a piece of land, for instance by growing crops.

 

Tenancies and leases share a common legal ground in Germany, however, there is the fine print of the Civil Code that provides distinction. I am regularly dealing with legal cases involving both variations and will be happy to assist you in any question relating to the law of leases and tenancy law respectively.