Frequent questions to tenancy law
The questions to tenancy law-here: only from tenant's view- are diverse. Some examples:
The tenancy agreement
The tenancy agreement and the subtenancy should always be concluded in writing.Tenancy for a limited period have to be concluded in writing, otherwise the period validity is without a limit. The landlord's basic duty is to provide a faultless living accommodation.The tenant's basic duty is the payment of the agreed rent.Over and above that there can be rights and obligations resulting from clauses in a contract, such as the obligation of the tenant to do interior decorative repairs and to pay the running expenses.Those clauses are basically effective, because both parties stipulated them by contract.If a clause however disadvantages the tenant, this clause can be invalid.
Security for rent - how much is permitted?
A security for rent may be amount to maximum three monthly rents ( without the running expenses). After the termination of the tenancy the landlord has to pay out the security for rent including the interest, if he is not entitled to keep it back.
May my friend move in my home ?
If the friend or partner wants to move in the tenant's home, there is a rightful interest.in this case the landlord must not refuse his consent. It is true, that the tenant has to ask the landlord but the landlord must not refuse his permission. In case he refuses his consent, you can proceed against him.Exceptions are given in case of overcrowding or if there exist grounds to suppose that the friend or partner disturbs the domestic peace or damages the rented property.
My landlord is rebuilding constantly
The tenant has to tolerate works that serve for the modernization or maintenance of the rented property.( for example: saving of energy, improvement of the rented property, creation of new living accommodation). Annoyance that result from modernization or maintenance works entitle the tenant to reduce the amount of rent or he can demand compensation for neccessary expanses ( for example: cleaning).In some cases it is quite difficult to find out, if works constitute actually modernization or maintenace work.But the tenant mustn't tolerate them, if they mean a special hardness for him, such as a high age, an approaching move, an approaching birth, transformation of the home into an owneroccupied flat.
Must I do repairs for interior decorative?
Basically it is the landlord's job to do repairs for interior decorative but he can shift them onto the tenant, if it is contracted. Usually this happens due to clauses in a contract.This clauses can be invalid, namely if they include stiff/ rigid renovation periods. In this case the tenant has not to do the repairs for interior decorative at all.In order the tenant has to do the repairs for interior decorative, what kind of repairs are included? To the repairs for interior decorative belong for example the paint of walls, radiators and wallpaper but not the paint of the outside of the windows, the sealing and polish off wood floor.
May my landlord increase the rent?
Landlord and tenant can agree an increase of rent. In the tenancy agreement can be agreed a graduation rent or rather an index rent.In this case the agreed increase of rent is valid.Other increases of rent are in so far impossible.Without such an agreement the landlord may increase the rent up to a local custom comparable rent.This means the local average rent of flats that are comparable with regard to the kind, size, equipment, composition and location.Within a a period of three years the landlord must not increase the rent higher than 20%. The increase must be declared and accounted in writing.
I have a high statement for incidental expenses
The landlord may account only those incidental expenses, that are object of the tenancy agreement. That’s why you should have a look at your tenancy agreement. Permitted are only admissible incidental expenses, that are regulated in the decree of incidental expenses. The settlement has to be given to the tenant at the latest 12 months after the end of the settlement period. After that the landlord has a demand of payment only in exceptional cases. How you check your settlement for faults: first of all you should check if the landlord has met the one year deadline, if the incidental expenses are object of the contract and if the settlement period takes one year. After that you should compare the settlement with those from the last years. In a next step you check the individual positions for faults including miscalculation.
The termination- forms and deadlines
The landlord’ s deadline of termination prolongs after 5 and 8 years for three months at a time. The landlord must prove a legitimated interest ( mostly personal use ) on/at the completion of tenancy. In case of a an orderly termination the tenant has to return the flat to the landlord: in the state that was arranged, freely of damages, with all the keys at arranged time. It is convenient to manufacture an instrument of surrender wich is signed of the parties. It is also useful if delivery witnesses or an expert are present.
We gladly advise you to the topics above an further rent-legal questions.
