Tenancy Law
Areas of Expertise
- Court representation in landlord/tenant disputes
- Legal advice on tenancy bonds and rent increases
- Termination of lease agreements
- Breach of tenancy agreements
- Rights and obligations of landlords and tenants
Helmer Tieben
Rechtsanwalt Employment and Labour Law
⭐⭐⭐⭐⭐ Google Reviews | ✓ 15+ years of experience | ✓ Specialised since 2010 | ✓ Law firm in Cologne-Südstadt
Lawyer for tenancy law in Cologne - Competent help with cancellation, eviction and tenancy disputes
Whether it's termination by the landlord, a rent reduction due to defects or a dispute over service charges: Our law firm represents tenants and landlords in tenancy law - competent, experienced and solution-orientated. With over 20 years of experience in tenancy and residential property law, we advise you clearly, realistically and with one goal in mind: a legally secure and economically sensible solution for your matter.
Free initial assessment: Give us a call or write to us - we will tell you honestly what steps make sense and what your chances of success are.
Telephone: 0221 - 801 87 670
E-Mail: info@mth-partner.de
Your tenancy law problem - we'll show you the right way
Tenancy law conflicts often arise suddenly - and affect your home, your property or your economic existence. Many of our clients come to us because they are unsure how serious their situation is and whether they need to act quickly. We help you to realistically assess your situation and plan the next steps with legal certainty.
Received notice of termination from the landlord?
One Legal advice on tenancy bonds and rent increases does not automatically mean that you have to move out. Whether personal use, termination without notice due to Default of payment or ordinary termination - not every termination is effective. We will check for you whether the termination is legally permissible, which deadlines apply and whether an objection can be lodged in accordance with § 574 BGB is possible.
The earlier you act, the greater your room for manoeuvre.
Rent reduction due to defects?
Mould, heating failure or construction noise can justify a rent reduction in accordance with Section 536 BGB - but only under certain conditions. We can advise you on whether a rent reduction is permissible, what amount is realistic and how to proceed in a legally correct manner to avoid risks. Because: A Unauthorised rent reduction can lead to cancellation.
For rent reductions due to Mould formation the justification depends on whether the mould is due to the building fabric or the tenant's heating and ventilation behaviour.
Dispute over service charges or rent increase?
Faulty Service charge settlements or unauthorised rent increases are not uncommon. In general, it can be assumed that around 50 % of all service charge statements are incorrect. We check for you whether the bill is comprehensible and correct, whether deadlines have been met and whether a Rent increase is legally permissible.
Are you threatened with eviction or foreclosure?
When a Court representation in landlord/tenant disputes is pending or a title already exists, every day counts. In certain cases, time limits can be extended or enforcement measures can be suspended by a Application for eviction protection avert. We will show you what legal options are available and how you can best protect your interests.
Also for landlords: act with legal certainty
We not only represent tenants, but also landlords - for example in cases of termination, eviction proceedings, rent adjustments or contract drafting. This ensures that formal errors are avoided, proceedings are conducted efficiently and the Properly formulated notice of cancellation is.
About the law firm MTH Rechtsanwälte - your specialist lawyer for tenancy law in Cologne
The Law firm MTH Attorneys at Law has been advising and representing clients in tenancy and residential property law for many years. Our focus is on the practical resolution of tenancy law conflicts - both out of court and in court.
Based in Cologne at Sachsenring 34, between Ulrepforte and Chlodwigplatz in Cologne's Südstadt district, we regularly appear before the Cologne Local Court and are familiar with local customs, judges and procedures. We utilise this knowledge to achieve realistic and economically sensible results for our clients.
Specialist legal expertise in tenancy law
Your contact for tenancy law is Lawyer Helmer Tieben. Mr Tieben was admitted to the bar in 2005 and since then has focussed on tenancy law. He is a member of the Cologne Bar Association and the Working Group for Tenancy Law and Real Estate of the German Bar Association with over 2,850 members nationwide.
Our advice is provided at specialist lawyer level - from the initial assessment to the conclusion of the proceedings. For you, this means a sound legal assessment of your case, a clear evaluation of opportunities and risks and a structured and targeted approach. We explain to you clearly what is legally possible - and what is not.
Personalised support instead of anonymous processing
As our client, you are at the centre of our attention. Your case is not „passed through“, but is handled personally. You benefit from dedicated contact persons, transparent communication and prompt feedback. This allows you to keep track of the status of your case at all times.
Attorney Helmer Tieben specializes in rental law and can be reached at 0221 80187670. The law office is located at Sachsenring 34, between Ulrepforte and Chlodwigplatz in the southern part of Cologne.
The scope of advice in rental law covers both residential and commercial rental law. Continuous education and collaboration with other colleagues are emphasized. Attorney Helmer Tieben is a member of the Cologne Bar Association and also a member of the German Bar Association’s Working Group for Rental Law and Real Estate, which has over 2,850 members nationwide, including around 130 in Cologne.
On this website, we regularly publish and comment on recent court rulings in rental law from courts in Cologne, as well as from courts throughout Germany.
Terminating and otherwise ending residential tenancies
Time and again, our law firm is asked to counsel and represent tenants or landlords who want to terminate residential lease agreements. In the case of residential tenancies, terminations can differ strongly – depending on whether the landlord or the tenant is terminating the lease agreement. The landlord requires a special reason for termination, which he must, moreover, specify in detail in his notice of termination. Common grounds for termination under tenancy law are, for example, belated rent payments, behaviour that endangers the rental property or disturbs the domestic peace, such as insulting or threatening other tenants or the landlord. Especially in metropolitan areas such as the city of Cologne, where residential space is hard to come by, termination is therefore one of the most contentious issues between tenant and landlord.
For this reason, when it comes to terminations under residential tenancy law, both landlords and tenants need legal advice. The tenant should immediately verify that the termination was justified and, if necessary, lodge an objection pursuant to section 574 of the German Civil Code (Bürgerliches Gesetzbuch) or take other measures against the termination. Before giving notice, the landlord must verify whether he actually has the right to terminate, whether his notice of termination is correctly worded and whether he has duly observed the statutory time limits.
Also, the question whether this is an ordinary termination (with a notice period) or extraordinary termination (without a notice period) and/or whether one or several warnings are necessary before giving notice is often difficult to decide and can lead to costly mistakes, if you are not familiar with tenancy law. Under certain circumstances, a cancellation agreement (Aufhebungsvertrag) between tenant and landlord may even be preferable to termination. Termination for the purpose of owner occupation (Eigenbedarfskündigung) or termination for economic exploitation (Verwertungskündigung) by the landlord are further important topics for tenancy law counselling. It is becoming increasingly common for wealthy investors to buy entire buildings, enter into tenancy agreements and then terminate the leases of long-term tenants at short notice.
However, both termination for the purpose of owner occupation and termination for economic exploitation are subject to strict requirements and must be justified extensively and precisely. As an expert on tenancy law, Lawyer Helmer Tieben advises both landlords on the drafting of notices of termination for owner occupation and economic exploitation, and tenants on how to defend themselves against such notices.
Under certain circumstances, Lawyer Helmer Tieben, can of course also attempt to negotiate a settlement as the legal representative of the tenant or the landlord. You can rely on his expertise and continuous further training.
Your contact for tenancy law is Lawyer Helmer Tieben. Lawyer Tieben was admitted to the bar in 2005 and is an expert on tenancy law. He is a member of the Working Group for Tenancy Law and Real Estate of the German Bar Association. You can reach Mr Tieben on 0221 – 80187670.
I. Residential tenancy law
Residential tenancy law is largely regulated in the German Civil Code (BGB). Due to changes in economic and social conditions, there have been repeated and more or less far-reaching reforms to tenancy law regulations since it was established. Despite these permanent changes, residential tenancy law can still be characterised as a Tenant protection law designate.
1. cancellation and termination of tenancies
Our law firm is repeatedly instructed by tenants or landlords to advise and represent them in particular in the event of the termination of residential tenancies. In the case of residential tenancies, the termination differs greatly depending on whether the landlord or the tenant gives notice: The landlord requires a special reason for termination, which he must state in detail in the notice of termination.
Frequent reasons for cancellation are, for example, late payment, Endangerment of the Rental Property or disturbance of the peace. Particularly in urban areas such as Cologne, termination is therefore one of the most contentious issues between tenants.
One major topic is the so-called Cancellations for personal use or Realisation cancellations by the landlord. However, these are subject to strict conditions and must be comprehensively and precisely justified. As an expert in tenancy law, Tieben advises both landlords on the drafting of such notices of termination and tenants on their defence.
2. eviction action and forced eviction
If the tenancy has already been terminated but the tenant has not yet moved out, the landlord can attempt to evict the tenant by means of a Court representation in landlord/tenant disputes or eviction to move out. The necessity of an eviction action arises from the fact that the landlord cannot simply remove the tenant from the flat himself, as this would be a Unlawful self-help would represent.
Instead, the landlord requires a so-called eviction order (court judgement), which may only be enforced by a bailiff. Even if the court judgement obliges the tenant to vacate the property, the tenant can apply to the court for protection against eviction shortly before the eviction date. It is also possible that the flat may be evicted by the responsible Public order authority confiscated becomes.
3. rental defects and rent reduction
For the duration of a significant defect in the rented property, the tenant is released from the obligation to pay rent in accordance with Section 536 BGB or can reduce the rent accordingly. Defects in the rented property are, for example, moisture damage/mould, noise nuisance caused by Traffic noise or inconsiderate neighbours.
Important: If the tenant reduces the rent unjustifiably or if the rent reduction is excessive, the landlord can terminate the tenancy from a certain amount.
4. tenancy agreement, rent and rent increases
The tenancy agreement forms the basis of the tenancy. Both parties should take particular care when drawing it up. Firstly, both contracting parties should be clearly identified. Other important components are provisions on cancellation, termination Cosmetic repairs, to the Security deposit and for rent.
The reasonableness of the agreed rent or the reasonableness of the rent increase proposed by the landlord can also be reviewed. The limits include the so-called rent brake, the respective applicable Rent index or the usury regulations of the BGB.
5. operating cost statement / ancillary cost statement
Every year, landlords and tenants ask themselves whether the service charge statement actually complies with legal requirements. In general, it can be assumed that around 50 % of all service charge bills are incorrect - often due to simple ignorance or misjudgement. Therefore, to be on the safe side, have your bill checked by lawyer Tieben.
6. rental deposit
The Rights and obligations of landlords and tenants is a security deposit to be provided by the tenant. It serves as security for the landlord in the event that the tenant does not properly fulfil their obligations under the rental agreement. Whether and to what extent the landlord may retain the rental deposit is therefore always a point of contention.
7. subletting
If your tenant has rented their flat without your consent sublet, you have certain rights, including the right to terminate the lease without notice. Conversely, as a tenant you can sue your landlord for permission or for lost rent if the landlord refuses to allow you to sublet despite a legitimate interest.
II. commercial tenancy law
Commercial tenancy law is a particularly complex area that requires in-depth expertise due to the often high amounts in dispute. Errors in the drafting of contracts - such as inadequate provisions on the lease term, a lack of clarity regarding renewal options or inadequately worded clauses on operating obligations, protection against competition or ancillary costs - can lead to serious financial consequences.
The following special features exist in commercial tenancy law: more extensive contractual freedom, lower statutory Protection against dismissal and customisable rental and ancillary cost arrangements. These freedoms require careful contract drafting.
Lawyer Tieben provides you with comprehensive support in the drafting, review and optimisation of commercial leases as well as in out-of-court negotiations and court disputes.
III Enforcement and forced sale
In enforcement proceedings, Mr Tieben advises and represents you with the aim of effectively and efficiently enforcing titled payment or other claims by initiating enforcement proceedings as quickly as possible. Of course, we also advise you on the defence against such enforcement measures.
Our areas of advice include Foreclosure, Forced sale, eviction enforcement and the enforcement of and defence against claims for damages.
Costs and process - transparent and comprehensible
Legal support should create clarity - not additional uncertainty. That is why we attach great importance to transparent costs and a clearly structured process. Even before you engage us, you know which steps make sense and what costs may arise.
How much does a tenancy lawyer cost?
The costs of legal services are generally based on the German Lawyers' Fees Act (RVG) or an individual fee agreement, if reasonable and permissible. Which billing applies in your case depends on the type and scope of the work, the amount in dispute and the status of the proceedings (advice, out of court, in court).
Orientation values according to RVG (as of 2024):
| Performance | Fee framework |
|---|---|
| Initial counselling (consumers) | max. 226,10 € (incl. VAT) |
| Extrajudicial representation | depending on the amount in dispute |
| Legal representation | depending on the amount in dispute |
Example with an amount in dispute of € 3,000 (e.g. rent arrears): The statutory fees for an out-of-court activity (1.3 business fee) amount to approx. 261.30 € net plus flat-rate expenses and VAT.
We will explain the estimated costs to you clearly and in advance.
Costs covered by legal expenses insurance
In many tenancy law cases, insurance cover is provided by legal expenses insurance. We will be happy to check for you whether and to what extent your insurance will cover the costs. On request, we can take care of the cover enquiry and communication with the insurance company.
How the collaboration works
- Free initial assessment: Brief assessment of your situation and possible next steps.
- Mandating: Clarification of the scope of the assignment and the costs.
- Legal review and advice: Analysing the documents and developing a strategy.
- Assertion of your interests: Out of court or - if necessary - in court.
You will be informed transparently at all times.
Certifications
Contact us
- 0221 - 80187670
- info@mth-partner.de
- Attorney Tieben,
Sachsenring 34, 50677 Cologne
Frequently asked questions (FAQ)
1 When should I call in a tenancy lawyer?
As soon as a tenancy law conflict becomes apparent or there is uncertainty about your own legal position, it makes sense to seek advice at an early stage. Timely legal advice can prevent decisive disadvantages, especially in the case of cancellations, rent reductions or impending eviction proceedings. Principle: The earlier you act, the greater your room for manoeuvre.
2. what does a tenancy lawyer cost?
The costs are based on the German Lawyers' Fees Act (RVG) and depend on the amount in dispute and the scope of the work. An initial consultation for consumers is limited by law to a maximum of € 190 net (€ 226.10 incl. VAT). With us, the first assessment is free of charge. For extrajudicial activities with an amount in dispute of € 3,000, the fees are approximately € 261.30 net. We will inform you of the expected costs before you instruct us.
3. what does a consultation with a tenancy lawyer cost?
A pure initial consultation (consultation fee) is limited to a maximum of € 190 net for consumers (Section 34 RVG). However, our initial assessment is free of charge - You will receive honest feedback as to whether there is a need for legal action before you decide in favour of a mandate.
4. will my legal expenses insurance cover the costs?
Insurance cover exists in many tenancy law cases. We will be happy to check for you whether and to what extent your legal expenses insurance will cover the costs and, if desired, we will take care of the cover enquiry.
5. can I defend myself against a cancellation?
Not every termination is effective. Whether a termination is legally valid depends on several factors: the reason for termination, compliance with formal requirements and possible reasons for hardship in accordance with Section 574 BGB. A legal review will clarify your options for action. More on personal use cancellation
6. may I simply reduce the rent if there are defects?
A rent reduction is only permissible under certain conditions. Without a legal review, there is a risk of Cautions or even termination without notice due to rent arrears. A judgement shows the risks. We recommend seeking legal advice before reducing the rent.
7 What can I do if I am threatened with eviction?
There are also often legal options in the event of an ongoing or impending eviction action. The sooner you act, the greater your options - for example, by extending the deadline or obtaining protection against enforcement. More about the eviction procedure
8. do you represent both tenants and landlords?
Yes, we represent both tenants and landlords in residential and commercial tenancy law. This dual perspective enables us to make a realistic and balanced assessment of the respective situation and often leads to viable solutions.
9. how quickly will I receive feedback?
In urgent tenancy law matters, we endeavour to respond promptly - usually within 24 hours. Fast action is particularly important in the case of notices of termination or eviction proceedings.
Get in touch now - your free initial assessment
You do not have to assess a tenancy law situation alone. Whether it's a cancellation, rent reduction, service charge settlement or eviction action - an early legal assessment can be decisive.
We will tell you openly whether there is a need for legal action and which next steps make sense.
Telephone: 0221 - 801 87 670
E-Mail: info@mth-partner.de
Law firm MTH Attorneys at Law
Sachsenring 34
50677 Cologne
On this website, we regularly publish and comment on current court judgements in the field of tenancy law - from courts in Cologne and throughout Germany. Visit our blog for more information.
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