FAQ
You can find the answers to common legal questions regarding tenancy law here.
1. Which notice periods apply to rental agreements?
Statutory notice periods apply to both tenants and landlords. They vary depending on the duration of the tenancy and the type of termination. There are special provisions for extraordinary terminations.
2. What does a termination due to personal use mean, and what rights do tenants and landlords have?
Termination for personal use applies when the landlord requires the property for themselves, close relatives or members of their household. The notice must be given in writing, provide specific grounds for the need, and comply with the statutory notice periods. Tenants may assert an objection, particularly on grounds of hardship such as long-term tenancy, illness or school-age children. During the notice period, the tenancy remains in force, and both parties are entitled to a proper review and compliance with the notice periods.
3. Can keeping pets be prohibited?
In principle, the tenancy agreement may contain provisions regarding the keeping of pets. However, a general ban is not permitted in standard form tenancy agreements. Whether the specific keeping of a pet is permitted depends on the individual case.
4. What are the rights and obligations regarding defects in the property?
The landlord is obliged to hand over the property in a condition that complies with the contract and to maintain it in such a condition. The tenant must report defects in good time. Whether a rent reduction is permissible depends on the severity of the defect and its duration – it is not automatically possible in every case.
5. When is a rent reduction permissible and how is it calculated?
A rent reduction may be considered if the quality of the property is significantly impaired. The amount depends on the nature, extent and duration of the defect. There is no standard reduction; a legal assessment is advisable.
6. Who bears the costs of repairs or cosmetic repairs ('Schönheitsreparaturen')?
In principle, the landlord is responsible for maintenance and repairs. Cosmetic repairs may be contractually transferred to the tenant insofar as this is permissible.
7. What are the tenant’s obligations regarding the upkeep of the property?
The tenant must treat the property with care and report any damage immediately. The landlord may charge for damage caused by improper use.
8. What are the landlord’s obligations regarding the handover of the property?
The property must be handed over in a habitable condition and in accordance with the tenancy agreement. The landlord is obliged to rectify any defects, provided these were not caused by the tenant.
9. What happens if the rent is paid late?
If payment is not made, the landlord may first issue a reminder and, if necessary, take legal action. The tenant should communicate any payment difficulties in good time to avoid adverse consequences.
10. How are service charge statements ('Betriebskostenabrechnungen') verified?
Service charge statements must be transparent and verifiable. Both tenants and landlords may scrutinise the statement In case of uncertainty a legal assessment is recommended.
11. What options are available in the event of noise disturbances?
Tenants have a right to reasonable peace and quiet. In the event of repeated disturbances, objective discussions should take place first; legal action is possible if an agreement cannot be reached. It is important for tenants to keep as accurate a noise log as possible.