Good advice

The ten-year speculation period for profits from property sales also applies if family members use the property. This has been clarified by the Federal Fiscal Court (AZ: IX R 13/23). A married couple from North Rhine-Westphalia had tried to avoid income tax by letting their mother-in-law live in the property free of charge. The court confirmed that this use did not qualify as...

Video recordings made in the stairwell without the tenants' knowledge may not be used as evidence in court proceedings. This is a clear violation of data protection and the tenants' personal rights. This was recently decided by the Federal Court of Justice (case reference: VI ZR 1370/20). In the case in question, a Berlin housing company had hired a private investigator...

Property owners can appeal against property tax values that are set too high. If the property tax values set by the tax office appear unrealistic, they must be given the opportunity to appeal. This is always the case if owners can credibly demonstrate an overvaluation of at least 40 percent. This was recently decided by the Federal Fiscal Court (BFH). In two...

Hedge owners whose own plants also exceed the statutory heights may not assert any reduction claims against their neighbors. This is the result of a ruling by the Frankenthal Regional Court (AZ: 2 S 85/23). In this case, this legal principle was applied due to a dispute between two neighbors in Ludwigshafen who both had hedges that were too high. One...

Resolutions on the levying of a special contribution are valid even if they do not state the exact amount. However, owners must be able to calculate this themselves. This was recently decided by the Federal Court of Justice (BGH; V ZR 132/23). In this case, a community of condominium owners wanted to conduct a lawsuit. The owners decided with...

Building acceptance is a crucial step for private building owners - it signals that the building has been completed. However, experience shows that hardly any new builds are accepted without defects. For this reason, the Association of Private Building Owners (VPB) recommends that independent experts be consulted during the acceptance process in order to identify possible defects. A formal building inspection is advisable and should...

The position of landlords in the event of terminations for personal use has been strengthened by a recent ruling by the Federal Court of Justice (BGH). The BGH ruled that landlords who want to use some of their rented apartments for professional purposes can claim this under simplified conditions. To do so, they only need to prove a notable disadvantage that would arise if the apartment were not occupied...

Building owners have a period of five years after building acceptance to assert claims for defects. This warranty period allows builders to demand rectification in the event of defects that are attributable to planning or execution errors. Even if almost five years have already passed since acceptance and moving in, the construction company must still pay the costs for...

In many cases, owners want to enjoy the peace and quiet of their garden, but neighbors trespassing can become a nuisance. The Regional Court of Lübeck has ruled that, under certain circumstances, neighbors still have a right to pass through the property (AZ: 3 O 309/22). In this particular case, two neighbors, a woman and a man, were in dispute. As the man's property is located in...

Does a tenant always have to pay compensation for use if he returns the apartment late? The Hanau Regional Court recently dealt with this question (case reference 2 S 35/22). In the case in question, the tenant had given notice to leave his apartment with effect from August 31, 2017. However, the landlord objected to the termination due to a termination exclusion clause in the tenancy agreement. It came to...