As a specialist lawyer for tenancy law in Cologne, Helmer Tieben specialises in tenancy law and can be contacted at 0221 80187670 to reach. The location of the Law firm Cologne is Sachsenring 34 and is located between Ulrepforte and Chlodwigplatz in Cologne's Südstadt district.
The scope of advice in tenancy law in Cologne includes both residential and commercial tenancy law. In doing so, we pay attention to permanent further training and exchange with other colleagues. For example, Mr Rechtsanwalt für Mietrecht Köln is a member of the Cologne Lawyers' Association and also of the Working Group for Tenancy Law and Real Estate of the German Lawyers' Association with over 2,850 members nationwide, including around 130 members in Cologne.
On this website we also regularly publish and comment on current court judgements in the field of tenancy law in Cologne from courts in Cologne, but also from courts throughout Germany.
Residential tenancy law is largely regulated in the German Civil Code, which dates back to the century before last. Due to the changing economic and social conditions, there have been more or less far-reaching reforms to tenancy law regulations since the establishment of tenancy law in Cologne.
Despite these permanent changes, 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 necessary.
The Cologne law firm is repeatedly commissioned 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, termination differs greatly depending on whether the landlord or the tenant terminates the tenancy agreement. The landlord requires Legal advice on tenancy bonds and rent increases a special reason for termination, which he must state in detail in the notice of termination. Common grounds for termination under tenancy law in Cologne are, for example Default of payment, Endangerment of the Rental Property or disturbance of the peace.
Particularly in urban areas such as the city of Cologne, where flats are hard to find, termination is therefore one of the most contentious issues between tenants. This is where a tenancy lawyer in Cologne can help both tenants and landlords to enforce their rights.
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 have been applied correctly. An experienced lawyer for tenancy law in Cologne can provide support here.
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 solvent investors to acquire entire buildings, enter into the tenancy and then terminate the tenancy of the long-established tenants at short notice. A competent specialist lawyer for tenancy law in Cologne can provide legal assistance to both tenants and landlords.
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, our Cologne tenancy lawyer advises both landlords on the drafting of notices of termination for personal use and utilisation and tenants on the defence against such notices.
Under certain circumstances, a lawyer for tenancy law Cologne can of course also try to negotiate a settlement as a representative for the tenant or the landlord. You can rely on our expertise and ongoing training.
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.
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.
If the tenancy has already been terminated but the tenant has not yet moved out, the landlord can try to evict the tenant quickly by issuing a Court representation in landlord/tenant disputes or a Forced eviction is submitted. An action for eviction can also be filed before the notice period expires in order to avoid wasting 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 necessity of an action for eviction arises from the fact that the landlord cannot simply evict the tenant from the flat, as this would constitute an unlawful eviction. The landlord is therefore restricted in exercising his right of ownership of the flat.
Instead, the landlord requires a so-called eviction notice (court judgement), which only a bailiff is allowed to enforce. As the loss of the flat is inevitably associated with severe hardship, this type of eviction can involve considerable hurdles. Even if the court judgement obliges the tenant to vacate and hand over the flat, the tenant can still file an application for eviction shortly before the eviction date. Application for eviction protection to the court, which enables the court to temporarily suspend the eviction. Anwaltskanzlei Köln advises you on all questions relating to eviction and eviction proceedings.
It may also be the case that the flat has been Public order authority confiscated and the tenant remains in the flat despite the eviction notice, as the regulatory authority is automatically informed that the landlord has filed an action for eviction.
Contact a specialist tenancy lawyer in Cologne if you are threatened with an eviction action as a tenant or if you want to enforce an eviction action as a landlord. A tenancy lawyer in Cologne will advise you vigorously and consistently in enforcing your rights. Of course, you can also assert claims for damages that may arise due to the delayed return of the rental property.
Disputes between tenants can also arise if the rented property has a defect or a Guaranteed characteristic of the rental object is missing or is cancelled later. For the duration of a significant Defect in the rented property the tenant is released from the obligation to pay rent or can reduce the rent accordingly. Therefore, if the tenant is convinced that the rented property has a defect, he must first check whether there is a significant defect within the meaning of the law that would entitle him to a reduction in rent. Rent reduction entitled . In addition, the extent to which the rent can be reduced must be examined on a case-by-case basis.
If the tenant reduces the rent unjustifiably or if the rent reduction is excessive, the landlord can terminate the tenancy from a certain amount. Defects in the rented property are, for example Moisture damage/mould growth Noise pollution from Traffic noise or inconsiderate neighbours . Especially in large cities such as Cologne with their high population density, this defect is one of the most frequently claimed. We will be happy to advise you comprehensively on the defence or enforcement of a rent reduction due to a rental defect.
In the case of rent reductions due to mould growth in a flat, the entitlement to a rent reduction depends on whether the mould growth is due to the building fabric (cold bridges, façade damage, etc.) or to the tenant's heating and ventilation behaviour. In order to avoid a judicial clarification of this question of eviction or payment of a rent reduction, it may be advisable to initiate so-called independent evidence proceedings.
The tenancy agreement forms the basis of the residential tenancy. Both parties should take particular care when drawing up the tenancy agreement, as possible legal disputes should already be taken into account here.
Firstly, both contracting parties should be clearly identified . This is particularly important if one party to the rental agreement is a legal entity (e.g. a company). The rental property should also be clearly identified, as this is the only way to ensure that no disputes arise between the parties regarding the scope of the rental agreement. Other important components of the tenancy agreement are provisions on termination, on Cosmetic repairs , to the Security deposit and to the Rent . Contact lawyer Tieben, he will be happy to check your tenancy agreement and the resulting rights and obligations for you!
The reasonableness of the agreed rent or the reasonableness of the rent increase proposed by the landlord can also be reviewed. Although the flat is owned by the landlord, the landlord is not entitled to rent under any circumstances, as there are legal limits to the rental agreement. These limits include, for example, the so-called rent limit, the applicable Rent index or the usury provisions of the German Civil Code.
For landlords, Mr Tieben will be happy to check the maximum rent increase limit and draft a letter of claim to the tenant so that you are on the safe side.
The law distinguishes between Modernisation measures and maintenance measures. Although case law has relaxed 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 associated 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 support you in enforcing your rights.
The same applies to enforcing accessibility in your home or to questions about maintenance obligations or cosmetic repairs.
Every year, landlords and tenants ask themselves whether the property they have Service charge settlement actually complies with the legal requirements. In general, it can be assumed that around 50 % of all utility bills are incorrect. This does not necessarily have to be intentional 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 lawyer Helmer Tieben to be on the safe side.
The Rights and obligations of landlords and tenants is a security deposit to be provided by the tenant and serves as security for the landlord in the event that the tenant does not properly fulfil his obligations under the tenancy agreement. It therefore does not serve as an instrument for the landlord to assert any disputed claims against the tenant after conclusion of the contract.
Whether and to what extent the landlord may retain the rental deposit is therefore always a point of contention between tenants and requires careful consideration. Mr Tieben will be happy to advise you on this at any time.
Lawyer Tieben advises landlords and tenants on legal issues relating to the sublet . If your tenant has sublet their flat without your consent, you have certain rights, including the right to terminate the tenancy agreement without notice or with immediate effect.
If you are a tenant and your landlord refuses to allow you to sublet your flat despite your legitimate interest, you can sue your landlord for permission or for lost rent. Simply contact lawyer Tieben!
Of course, we advise and represent you not only in the areas mentioned above. Attorney Tieben is at your side for all issues relevant to tenancy law, such as statutory changes of tenants, breaches of tenancy agreements, breaches of tenancy agreements Construction measures or installations by the tenant, the enforcement of the tenant's duties of care (heating, ventilation or winter maintenance) or the landlord or the enforcement or defence of the landlord's inspection and access rights.
Commercial tenancy law is a particularly complex and demanding area of tenancy law that often requires in-depth expertise due to the high amounts in dispute and the wide range of legal challenges involved. 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. In the worst case, such errors can even threaten the existence of a company.
Attorney Tieben is your experienced and specialised contact for commercial tenancy law in Cologne. He provides you with comprehensive support in drafting, reviewing and optimising commercial leases and ensures that risks are identified and minimised at an early stage. Mr Tieben also effectively represents both landlords and commercial tenants in out-of-court negotiations and court disputes. Typical disputes include rental defects, disputes over terminations, ancillary cost accounting and the enforcement of or defence against competition protection rights.
Particularly in the case of long-term leases, large commercial premises and the associated high amounts in dispute, it is worth consulting an expert in good time. Attorney Tieben offers you tailor-made advice and representation in order to assert your interests in the best possible way and to minimise legal risks in the long term.
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:
In the event of enforcement/foreclosure, Mr Tieben will advise and represent you with the aim of effectively and efficiently enforcing payment or other claims (e.g. through court judgements, reminders or enforcement notices) by initiating enforcement proceedings as quickly as possible. Of course, Mr Tieben will also advise you on the defence against such enforcement measures.
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
Mr Helmer Tieben has been licensed as a lawyer since 2005. His work focuses on tenancy law, labour law and immigration law.
Lawyer Tieben, Sachsenring 34, 50677 Cologne
Telephone: 0221 - 80187670
Fax: 0221 - 2717110
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