Residential Tenancy Law

Residential tenancy agreements

We advise on drafting and reviewing residential tenancy agreements. We examine the contractual position, relevant facts and existing correspondence to identify the available legal options.

Termination and eviction

We advise and represent tenants facing ordinary and extraordinary termination, particularly termination without notice, including notices for personal use by the landlord or rent arrears. We review termination grounds, deadlines and possible objections, particularly hardship objections in own-use cases, and defend against unjustified eviction and possession claims.

For landlords, we review and prepare termination notices and assist with their enforcement both out of court and in court. We represent landlords in eviction proceedings and assist with damages claims. This includes termination due to rent arrears, serious breaches of contract or use of the premises contrary to the lease.

Defects and rent reduction

Damp, mould, heating failures and noise may give rise to claims for repairs, rent reduction or damages. We review the legal requirements, evidence and responsibility, representing tenants asserting rights and landlords defending unfounded claims.

Rent increases and rent regulation

We review proposed rent increases and advise landlords and tenants on the legal requirements. This includes rent control rules (Mietpreisbremse) and potential excessive rent under section 5 of the German Economic Offences Act (WiStG). In particular, we assess increases up to the local comparative rent using the rent index and increases following modernisation work. For new tenancies, we examine the permissible rent and whether claims for repayment of excess rent may exist.

Service charges and service charge statements

We examine which service charges can be passed on under the lease and whether statements have been properly prepared. We advise on accounting deadlines, additional payments and objections to statements. We also review allocation keys, individual cost items and supporting documents and advise on the principle of economic efficiency.

Deposits and cosmetic repairs

We advise landlords and tenants on disputes concerning security deposits and obligations to carry out cosmetic repairs. We review claims for repayment of deposits and the justification for deductions, including outstanding payments or alleged damage. We also assess cosmetic repair clauses, particularly rigid renovation schedules and provisions affecting flats handed over without renovation, and any resulting renovation claims.