Important Legal Decisions

for Real Estates in Germany

If consumption values ​​are missing, because meters are out of order, if access to the apartment is not possible, or because the company to read the meters is refused access, an estimate is required by law.

Obtaining at least 3 offers is required both when making a decision about placing an order, for example repair work, and when preparing the appointment of a new administrator.

The voting in the owner's meeting (ETV) has to be done according to §21 section 3 WEG, §23 section 1 WEG and §25 WEG according to the head principle. This means that every apartment owner is entitled to one vote, regardless of the number of co-ownership shares (MEA). If several people are jointly entitled to an apartment, they can only...

According to the German Federal Court of Justice, windows and frames are, according to settled case law, in the common ownership. This means that the owners' association (WEG) is basically responsible for an exchange and also has to bear the associated costs.

Basically, the storage of objects in garages, which are naturally rented for parking motor vehicles, contrary to the contract.

Apartment owners are allowed to decorate the staircase with plants as usual. A significant impairment of other homeowners who could justify a ban is not present.
Whether tenants have the same rights as apartment owners, regulates the lease contract or the house rules.
The district court Frankfurt am Main has decided in the judgment of 14.03.2019...

If branches overhang neighbors, the affected owner is entitled to get them cut back. However, this claim for elimination is subject to the regular limitation period of three years from knowledge of the property damage (BGH V ZR 136/18).

The renter is obliged to return the apartment to the landlord. This also means that he has to take care in time for a return date of the apartment. This date should be before the end of the tenancy. The landlord has no obligation to offer the tenant a flat transfer date. He must, however, participate in the return of...

The case:
The tenant has a fitted kitchen built into the apartment. The lease will end shortly. The tenant claims that the kitchen has become the property of the owner, because it was created and installed by a cabinet maker, § 94 BGB.

In 2021 a census will take place again. As part of the nationwide statistical survey, in addition to information on the population, the building and housing stock as well as the housing situation of households are determined.

If resolutions are not made properly by the owners' meeting in a community of owners (WEG), they can be challenged by the owners within one month. If the monthly deadline is not met, the decision becomes effective.

Apartment owners are entitled to receive a list of owners from the administrator. However, this does not include the publication of the e-mail addresses of the other members of the condominium community (WEG).

The administrative costs of the landlord are not operating costs according to §1 Abs. 2 Nr. 1 of the Operating Costs Ordinance. The landlord must therefore not settle the operating costs with the tenant.

A homeowner wants to rent to holidaymakers - but the owners' meeting prohibits this by a majority. Wrong, the BGH ruled. That was an inadmissible interference with property rights.

In the present case, the tenant of a one-room apartment bought after a few years a small dog, who also lived in the apartment. The landlords had added the lease contract handwritten that animal husbandry is prohibited and informed the tenant also verbally at the conclusion of the contract.

If a rental apartment is equipped with a visible telephone socket, the functionality of the telephone line is part of the contractual condition of the apartment. The landlord must ensure this and, if necessary, also pay for the repair of cables located outside the apartment (BGH, judgment of 5.12.2018 VIII ZR 17/18).

High-quality natural stone tiles are sensitive and like to be impregnated. If the landlord does not carry out such impregnation and forms discoloration, calcification, exfoliation or sanding on the bathroom tiles caused by shower gel, shampoo or all-purpose cleaner, the renter does not have to compensate for the damage. It concerns a "contractual...

In the owner-occupied property, artisan work can be claimed for German tax purposes. Cost of household services (such as care and nursing services, childminder, AuPair), employment relationships (such as home help, gardeners, janitors) or craftsmanship will directly reduce the income tax liability when provided in the home or on the property....

The Federal Court (BGH) has (VIII ZR 186/17) decided that even then a tenancy can be terminated with the justification of their own needs, if the owner wants to use the apartment only a few weeks a year.

The Free State of Bavaria significantly tightened the law against misappropriation in 2017. At the request of the municipalities, property managers, brokers and operators of online portals have since had to publish information about the apartments rented to holiday guests.

The "VdS Schadenverhütung" has calculated that due to the approximately 800,000 lost keys per year a total damage of almost 100 million euros. This results in an average damage of 125 euros. However, anyone who loses a master key - for example for the locking system of an apartment building - must expect significantly higher costs.

For multi-family dwellings, the following applies: in principle, only names of persons on the bell system who are entitled to live in the dwellings are allowed (the name of the spouse does not require the permission of the landlord, but that of the girlfriend).