Lawyer for Tenancy Law in Lüneburg
Settlement of ancillary costs, notices of termination, defects of the rented object, etc.
Tenant Law
Settlement of ancillary costs, notices of termination, defects of the rented object, etc.
I represent your claims, for example, in the event of defects in the rented property and in the dispute over who is responsible for these defects, arrears in rental payments, terminations, in particular due to personal use, eviction requests, requests for rent increases, claims for compensation that may arise from a rental relationship, ancillary cost settlements, as well as problems regarding rental security (deposit).
The tenancy agreement
Ideally, the landlord and tenant meet only twice during the rental period: At the conclusion of the rental agreement and at some point at the end for handing over the apartment back to the landlord to receive the deposit back.
In between, however, there are many pitfalls and potential conflicts for tenants and also for the landlord.
This can begin as early as the drafting of the rental contract, for example, when a broker’s commission has become due and the question arises when cosmetic repairs will be due or who will have to pay the broker’s fees.
Who’s gonna pay the realtor?
The orderer principle has applied here since June 2015. In a nutshell, this means that the person who appoints the broker must also pay for it. At least this ordering principle applies to the rent. In times of acute housing shortage, however, it is often attempted to pass the broker’s commission on to the tenant. This is not always permissible.
Mould due to a construction defect or as a result of incorrect ventilation
A constant source of problems in the tenancy is also the condition of the leased property. Who is actually liable for damage to the rented property such as mould infestation?
Here, as with all other possible defects, the principle applies that whoever is responsible for the defect must also remedy it. If the fault is on the lessee’s side, the lessor has a right of indemnity or compensation from the rental deposit.
However, if the landlord is responsible for the defect, the tenant is often entitled to a rent reduction, i.e. the withholding of parts of the rent. In everyday life, this often leads landlords to reflexively claim that the apartment is not sufficiently ventilated. Tenants usually hold against moisture “crawling up” from the cellar or penetrating through the outer walls to the inside.
Basically, the landlord has the burden of proof that the mould is not caused by defects in the building substance. If the tenant succeeds in doing so, the tenant is required to prove that he is treating the rented property in accordance with his duties. Defects that occur during the rental period are initially attributed to the presumed fault of the lessee, unless other causes are obvious.
The pitfalls of the ancillary cost billing
Operating cost settlements, especially heating cost billing, often causes trouble. Avoidable mistakes are often made on both sides, which lead to disagreements between the contracting parties.
Uncertainties often exist as to which items may be included in an operating cost settlement. It is advisable to take a closer look when drafting or reviewing contracts.
The costs of modernising the energy efficiency of rented flats, which occur more often nowadays, can also lead to costly mistakes. In addition, legal deadlines apply here, non-compliance with which can lead to loss of rights.
Last but not least: Handing back the apartment
At the end of the tenancy agreement, it is often fought over the return of the deposit.
- Did the tenant leave any damage in the apartment? Are there any gaps in the handover protocol?
- Do you even have to sign a protocol if you don’t agree?
- When is the deposit to be returned at the latest and what exactly does the condition “broom-clean” involve?
While the landlord scolds because the apartment is left dirty, the tenant often feels wrongly denigrated as “Messie”. After all, a move does not take place without a trace.
In most cases it is advisable to seek legal advice in advance on the rights and obligations as landlord or tenant. This can help avoid costly tenancy disputes.
Areas of law
Civil & Contract Law
Interpretation and enforcement or defence of claims arising from your contracts
Traffic Law
Accident regulation, red light offences, speed offences, alcohol driving etc.
