Good advice

A landlord may not immediately give notice to a tenant who has withheld part of her rent due to the Berlin rent cap. This has now been decided by the Berlin Regional Court. In this case, the tenant had withheld part of the rent since March 2020 in reliance on the rent cap. She did not immediately pay back this part after the rent cap ended in spring 2021,...

Two neighbors in Frankfurt am Main got into an argument over the smell of cannabis. But what had happened? One evening, the smell of cannabis drifted into a man's apartment. He then went out onto the balcony to talk to his neighbor. However, he denied everything. When the man then announced that he would involve the landlord, his neighbor initially said: "Then come over...

A tenant living in a terraced house may not simply drill holes in an exterior wall without asking his neighbor for permission in advance. This is the result of a ruling by the Federal Court of Justice (BGH) (AZ: V ZR 25/21). In this case, the tenant (defendant) had drilled holes in an exterior wall for the installation of a power line for an electric awning. Initially, the...

The energy performance certificate must also be made available to prospective buyers and tenants during the property viewing. It must be clearly displayed or presented without being asked. This has now been pointed out by Deutsche Umwelthilfe (DUH). In the case in question, the DUH found that the obligation to provide information had been disregarded during two open apartment viewings. The...

Retailers who were affected by the lockdown in spring 2020 due to the coronavirus pandemic can reduce their commercial rent. This was recently decided by the Federal Court of Justice (BGH). However, it always depends on the individual case. According to the BGH, several aspects must be taken into account when making a decision. For this purpose, it must be examined what loss of sales the lockdown was accompanied by, what...

Landlords can pass on the costs of felling a rotten tree on a rental property to their tenants. This is the result of a ruling by the Federal Court of Justice (AZ: VIII ZR 107/20). According to the ruling, the costs of felling a tree are among the apportionable costs of garden maintenance. In the case in question, a tenant had taken legal action against a housing association that had cut down a rotten...

If a tenant has to carry out decorative repairs according to the tenancy agreement, they do not have to be carried out perfectly. This is the conclusion reached by the Berlin Regional Court (Ref.: 65 S 264/20). In this case, a landlady demanded compensation from a former tenant. She claimed that her repainting of the walls and ceilings had led to a "worsening" of the previously professionally...

Tenants who are given notice of termination without notice (extraordinary termination) due to rent arrears can usually still undo this. To do so, they must settle the rent arrears within two months. This practice is known as grace period payment. However, the grace period payment does not apply if the tenants have been given a grace period in addition to...

Development charges may not be levied indefinitely. This was decided by the Federal Constitutional Court. In this case, a property owner who owns several properties in Rhineland-Palatinate had filed a lawsuit. The road bordering his properties had been extended in 1985/1986 and opened to public traffic as a municipal road in 2007....

If someone needs to care for a close relative and would like to move into the same house, they can give notice to the current tenants on the grounds of personal use. This is the result of a ruling by the Munich Local Court (case no. 453 C 3432/21). In this case, a grandniece took legal action against the tenants - an elderly couple - following the failure of pre-trial settlement negotiations and was ultimately...