Tenancy law concerns your home or business premises – so a lot is at stake in a dispute. Our law firm in Berlin-Charlottenburg represents tenants and landlords throughout Germany, as well as flat owners in disputes with the owners' association. We work in German, Russian, Ukrainian and English.
Lease, deposit and service charges
Many clauses in leases are invalid, and many service charge statements are wrong. We review contracts and statements and enforce your claims.
- Review and drafting of residential leases and subleases
- Deposit and its repayment (§ 551 BGB)
- Service charge statements (§ 556 BGB)
- Rent increases up to the local comparative rent (§ 558 BGB), graduated and index-linked rents, rent cap (Mietpreisbremse, §§ 556d ff. BGB)
Termination and eviction
Notice of termination must be given in writing (§ 568 BGB), and a landlord needs a statutory reason for ordinary termination (§ 573 BGB). We review the notice and represent you in eviction proceedings.
- Termination for personal use and hardship objection (§§ 573, 574 BGB)
- Termination without notice for rent arrears (§ 543 BGB) and subsequent payment (§ 569(3) BGB)
- Eviction action and grace period for vacating
- Tenants' rights when the building is sold (§ 566 BGB)
Defects, rent reduction and cosmetic repairs
Mould, heating failure or noise entitle tenants to reduce the rent. We make sure defects are reported correctly and reductions are calculated appropriately – and represent landlords against excessive reductions.
- Rent reduction (§ 536 BGB) and notification of defects (§ 536c BGB)
- Repairs and modernisation, rent increase after modernisation (§ 559 BGB)
- Cosmetic repairs: validity of renovation clauses
- Disputes over damage when moving out
Commercial leases
Business premises enjoy less tenant protection than flats, which makes a carefully negotiated contract all the more important.
- Commercial leases for shops, offices and practices
- Protection against competition and value protection clauses
- Early termination and replacement tenants
- Disputes over rent, service charges and handover
Flat ownership and neighbours
Conflicts also arise between flat owners, for example over structural changes such as an air conditioning unit. Resolutions of the owners' meeting can only be challenged within one month (§ 45 WEG). We also advise on disputes about allotment gardens and estate agent commissions for rented flats.
How we work
- Initial consultation: we review the lease, the notice or the statement and name running deadlines.
- Strategy: you learn about your rights, chances and cost risks.
- Representation: we negotiate with the landlord, tenant or property management and represent you before the Local Court.
We agree on the format and fee with you before we start; legal expenses insurance that covers tenancy disputes often pays the costs.
Guides from our practice
- Quiet hours in Germany: night rest, Sundays, fines
- Tenant rights in Germany: lease, termination and deposit
- Rent increases and protection against termination
All articles in this section
A complete list of guides and cases from our practice in this area of law.
- Tenant Rights in Germany: Lease, Termination, Kaution
- Rent Increases and Protection from Eviction in Germany
- Quiet Hours in Germany (Ruhezeiten): Rules and Fines
- More Haste, Less Speed: Recovering a Broker's Commission (Maklerprovision) After a Failed Commercial Lease
Frequently Asked Questions
How high can the rental deposit be?
No more than three months' rent excluding service charges. The tenant may pay the deposit in three monthly instalments (§ 551 BGB).
What notice period applies to tenants?
Tenants can terminate an open-ended residential lease with three months' notice, regardless of how long the tenancy has lasted. For landlords, the period increases to up to nine months depending on the length of the tenancy (§ 573c BGB).
Can the landlord terminate the lease for personal use?
Yes, if they need the flat for themselves, family members or members of their household (§ 573(2) no. 2 BGB). The reasons must be stated in the notice; in cases of hardship, the tenant can object (§ 574 BGB).
When can I reduce the rent?
If a defect significantly impairs the use of the flat; the reduction applies by law (§ 536 BGB). Report the defect immediately and, if in doubt, pay under reservation.
By when must I receive the service charge statement?
Within twelve months after the end of the billing period. After that, the landlord can generally no longer demand additional payments (§ 556(3) BGB).
Do I have to move out if the building is sold?
No. The buyer takes over the existing lease (§ 566 BGB, "sale does not break a lease"). Termination is only possible on statutory grounds, for example personal use.
How much does the initial consultation cost?
It depends on the nature and scope of your matter – from a short free assessment to a full initial consultation. Fees are agreed individually: every case is discussed personally with the lawyer, and we always tell you the cost before the consultation begins. We do not give general legal information without reviewing your specific case. If you then instruct us in the same matter, the fee for the initial consultation is credited against the further fees (§ 34(2) RVG).