Specialist lawyer for tenancy law in Cologne

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 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.

3. rental defects/rent reduction

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.

4. tenancy agreement, rent and rent increases

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.

5. maintenance, modernisation and accessibility

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.

6. operating cost settlement/utility cost settlement

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.

7. rental deposit

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.

8. subletting

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!

9. other areas of law

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.

II. commercial tenancy law

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 at your disposal in Cologne as an experienced and specialised contact for commercial tenancy law. 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. He also represents Lawyer Tieben effectively assists both landlords and commercial tenants in out-of-court negotiations and court disputes. Typical disputes include rental defects, disputes over notices of termination, 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. Lawyer 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.

III. foreclosure/forced sale

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