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
Lawyer Helmer Tieben specialises in tenancy law and can be contacted at 0221 80187670 to reach us. The office is located at Sachsenring 34, between Ulrepforte and Chlodwigplatz in Cologne's Südstadt district.
The scope of advice in tenancy law covers both residential and commercial tenancy law. In doing so, he pays attention to continuous further training and exchange with other colleagues. Mr Helmer Tieben is a member of the Cologne Bar Association and also a member of the Working group for tenancy law and real estate of the German Bar Association with over 2,850 members nationwide, of which around 130 are in Cologne.
On this website we also regularly publish and comment on current court judgements in the field of tenancy law from courts in Cologne, but also from courts throughout Germany.
I. Residential tenancy law
Residential tenancy law is largely regulated in the German Civil Code, which dates back to the century before last. Due to changes in economic and social conditions, there have been more or less far-reaching reforms to tenancy law regulations since it was established.
Despite these permanent changes, however, residential tenancy law can still be regarded as a Tenant protection law . However, there have also been recent reforms in favour of the landlord, which have been criticised in particular due to the activities of so-called Rental nomads were also necessary.
1. cancellation and other termination of residential tenancies
In particular, the law firm is repeatedly instructed by tenants or landlords to advise and represent them in the termination of residential leases. In the case of residential tenancies, termination differs greatly depending on whether the landlord or the tenant is terminating the tenancy agreement. The landlord requires Legal advice on tenancy bonds and rent increases a special reason for termination, which he must also state in detail in the notice of termination. Common grounds for termination in tenancy law are, for example Default of payment, Endangerment of the Rental Property or disturbance of the peace, such as Insults or threats from co-tenants or the landlord. Particularly in urban areas such as Cologne, where flats are hard to find, termination is therefore one of the most contentious issues between tenants.
For this reason, both the tenant and the landlord need counselling, especially in the case of termination under residential tenancy law. The tenant must immediately check whether the termination was justified and, if necessary, file an objection in accordance with Section 574 BGB or take other measures against the termination. Before giving notice of termination, the landlord must check whether he is allowed to give notice at all and whether his termination is justified. properly formulated and the deadline regulations were properly applied.
The question of whether the notice of termination should be given with or without notice and/or whether one or more warnings should be given before termination is often difficult for laypersons to decide and can lead to costly mistakes. Under certain circumstances, a cancellation agreement between tenant and landlord may also be preferable to a termination. A major topic in tenancy law advice is also the so-called Cancellations for personal use or Realisation cancellations by the landlord. It is becoming increasingly common for financially strong investors to acquire entire buildings, enter into the tenancy and then terminate the tenancies of the long-established tenants at short notice.
Both the termination for personal use and the Realisation cancellation are, however, subject to strict conditions and must be comprehensively and precisely justified. As an expert in tenancy law, Mr Helmer Tieben advises both landlords on the drafting of notices of termination for personal use and for sale, as well as tenants on the defence against such notices.
Under certain circumstances, Mr Helmer Tieben can of course also attempt to negotiate a settlement on behalf of the tenant or landlord. You can rely on his expertise and ongoing 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.
2. enforcement of or defence against an eviction action/forced eviction
If the tenancy has already been terminated but the tenant has not yet moved out, the landlord may quickly attempt to evict the tenant by means of a Court representation in landlord/tenant disputes or a Forced eviction from the flat. An action for eviction can also be filed before the notice period expires to avoid losing time if the tenant has made it clear through his behaviour (objection to the notice, etc.) that he will not vacate the flat even after the notice period has expired.
The need for an eviction action arises from the fact that the landlord cannot simply evict the tenant from the flat himself, as this is a so-called Prohibited personal authority would represent. In this respect, the landlord is restricted in exercising his right of ownership of the flat.
Instead, the landlord requires a so-called eviction order (court judgement), which in turn can only be enforced by a bailiff. As the loss of a flat is inevitably associated with serious hardship, this eviction in particular can be associated with considerable hurdles. This is because, although the judgement has established in court that the tenant must vacate and surrender the flat, the tenant can still request a bailiff at short notice before the eviction date. Application for eviction protection to the court, on the basis of which the court can provisionally stop the eviction.
It may also be the case that the flat will be inspected by the responsible Public order authority confiscated and the tenant remains in the flat despite the eviction order, because the regulatory authority is automatically informed of the filing of the eviction action by the landlord.
Contact Attorney Tieben if you are a tenant threatened by an eviction action or if you are a landlord who would like to enforce an eviction action. Attorney Tieben will advise you actively and consistently in order to enforce your rights. Of course, you can also assert claims for damages that may arise due to the delayed return of the rental property.
3. rental defects/rent reduction
Problems between the tenants can also arise if the rented property has a defect or if a warranted characteristic of the rented flat is missing or ceases to exist at a later date. For the duration of the existence of a significant Defect in the rented property the tenant is released from the obligation to pay the rent or can reduce the rent accordingly. If the tenant is therefore convinced that the rented property is defective, he must first check whether there is a significant defect under the law that would entitle him to reduce the rent. Rent reduction entitled. In addition, the amount by which the rent may be reduced must be checked on a case-by-case basis.
If the tenant reduces the rent unjustifiably or if the rent reduction is too high, the landlord may well be entitled to terminate the tenant's contract once a certain level of arrears has been reached. Examples of a defect in the rented property include Moisture damage/mould growththe noise nuisance to the tenant caused by Traffic noise or inconsiderate neighbours be introduced. Especially in large cities such as Cologne with its high population density, this defect is one of the most frequently claimed. We will be happy to provide you with comprehensive advice on the defence or enforcement of rent reductions due to a rental defect.
In the case of rent reductions due to mould growth in the flat, the justification for a rent reduction depends on whether the mould growth is due to the building structure (cold bridges, damage to the façade, etc.) or to the tenant's heating and ventilation behaviour. In order to avoid having to clarify this question in court proceedings for eviction or for payment of reduced rent, it may make sense to initiate so-called independent evidence proceedings.
4. rental agreement, rent and rent increases
The tenancy agreement forms the basis of the residential tenancy. Both parties should exercise particular caution when drafting the tenancy agreement, as any subsequent legal disputes should already be considered here.
First of all, both contracting parties should be precisely labelled. This is particularly relevant if a legal entity (e.g. a company) acts as a party to the rental agreement on one side. The rental property should also be described in detail, as this is the only way to ensure that no dispute arises between the parties regarding the scope of the rental agreement. Other important components of the tenancy agreement are provisions on termination, the Cosmetic repairswhich Security deposit and the Rent. Contact Mr Tieben and he will be happy to check your tenancy agreement and the resulting rights and obligations for you!
The reasonableness of the amount of the agreed rent or the reasonableness of the rent increase proposed by the landlord can also be examined. Although the flat is owned by the landlord, the landlord is in no way entitled to demand any rent for the flat, as there are legal limits to the rent agreement. Such limits are the so-called rent limit, the respective applicable Rent index or the usury paragraphs of the German Civil Code.
For landlords, Mr Tieben will be happy to check what the maximum rent increase limit is and draft letters of claim to the tenant to this effect, so that you are on the safe side.
5. maintenance, modernisation and accessibility
The law distinguishes between Modernisation measures and maintenance measures. Although case law has lowered the requirements for the announcement of modernisation measures in recent years, relatively high demands are still placed on the announcement and implementation of such modernisation measures.
If your tenant rejects such modernisation measures and the subsequent rent increases without justification or if you as a tenant do not agree with the announced modernisation measures, please contact us so that we can help you to enforce your rights.
The same applies to enforcing the accessibility of the house you live in or to questions about the obligations of maintenance measures or cosmetic repairs.
6. operating cost settlement/utility cost settlement
Every year, both landlords and tenants are faced with the question as to whether the Service charge settlement actually complies with the statutory regulations. In principle, it can be assumed that around 50% of all utility bills are incorrect. This does not necessarily have anything to do with intent on the part of the landlord, but very often results from simple ignorance or misjudgement. Therefore, do not simply accept the preparation of a service charge statement, but have it checked by Mr Helmer Tieben, lawyer, so that you are on the safe side.
7. rental deposit
The Rights and obligations of landlords and tenants is a security deposit provided by the tenant and is intended to serve as security for the landlord if the tenant does not properly fulfil his obligations under the tenancy agreement. It therefore does not serve as an instrument for the landlord to enforce any disputed claim against the tenant post-contractually.
Whether and to what extent the landlord may retain the rental deposit is therefore a constant topic of dispute between the tenants and requires careful examination. Mr Tieben will of course be happy to advise you on this matter at any time.
8. subletting
Mr Tieben advises landlords and tenants on legal issues relating to Subletting. If your tenant has sublet their flat without your consent, you have certain rights, up to and including ordinary or extraordinary termination of the tenancy agreement.
If you are a tenant and your landlord refuses to allow you to sublet your flat despite a legitimate interest, you can sue your landlord for consent or for loss of rent. Simply get in touch with Mr Tieben!
9. other areas of law
Of course, advice and representation is not only offered in the areas described above. Mr Tieben is also available to assist you with all issues relevant to tenancy law, e.g. in the event of a statutory change of tenant, use of the property in breach of contract, in the event of structural measures or installations by the tenant in breach of the contractin the enforcement of care obligations by the tenant (heating, ventilation or winter maintenance) or the landlordor in the enforcement of or defence against the landlord's right of inspection and access.
II. commercial tenancy law
Commercial tenancy law can be regarded as a "special subject" within tenancy law. Particularly in commercial tenancy law, mistakes in the drafting of contracts can have serious consequences, so that legal advice should be sought as soon as the tenancy agreement is concluded.
Furthermore, in commercial tenancy law, other areas of advice are added to the classic areas of tenancy law advice, such as the Protection against competition, drafting or reviewing tenant rights or operating obligations, etc.
III. foreclosure/forced sale
Mr Tieben advises and represents you in compulsory enforcement/foreclosure proceedings with the aim of effectively and efficiently enforcing titled payment or other claims (e.g. through court judgements or reminder or enforcement orders) by initiating enforcement proceedings as quickly as possible. Of course, Mr Tieben will also advise you on the defence against such enforcement measures. The following keywords will give you an overview of our areas of expertise in these fields:
- foreclosure, Forced sale
- Eviction enforcement, Application for eviction protection
- Enforcement against movable or immovable property
- Application for an attachment and transfer order, inter alia for
- Account seizure or attachment of receivables
- Garnishment of earned income
- Attachment of maintenance claims
- Attachment of company shares
- Attachment of security deposits
- Affidavit, arrest order
- Declaration of enforceability of foreign judgements
- Representation in foreclosure proceedings
- etc.
If you need advice in the area of tenancy law or foreclosure or forced sale, please call us without obligation at 0221 – 80187670 or send us an email at or send an email to info@mth-partner.de info@mth-partner.de
Certifications
Contact us
- 0221 - 80187670
- info@mth-partner.de
-
Attorney Tieben,
Sachsenring 34, 50677 Cologne