In certain cases, tenants can seek temporary legal protection against the landlord through the competent court. To name just a few examples of when this may be possible: demolition work on the building, turning off the heating in winter, changing the locks on the apartment, or severe noise disturbances.
In the worst case, the apartment can become uninhabitable due to the hoarding and stench in a hoarder’s apartment. Therefore, hoarders should be promptly evicted and the lease terminated.
According to § 550 BGB, a rental agreement that is concluded for a period longer than one year requires the written form as stipulated in § 126 BGB. If both parties mutually agree not to adhere to this requirement, invoking this defect by one party may violate the principle of good faith.
One of the most significant provisions in commercial lease law is Section 550 of the German Civil Code (BGB), which governs compliance with the written form. According to Sections 578 II and 550 BGB, a lease agreement for a period longer than one year must generally be concluded in written or alternatively electronic form.
