Important Legal Decisions

for Real Estates in Germany

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).

Winter service starts every year during the cold season. When passers-by are slipping in many cases the street residents are liable. In principle, the municipality is responsible for ensuring public safety on public sidewalks, but most often the municipal charter assigns this duty to landlords. In addition to the removal of leaves and waste, this...

Special depreciation (deduction for wear) is a subsidy for rental housing construction, which allows German income-taxable builders to write off the investment in new apartment buildings.

According to §29 WEG it is stipulated that the community of owners can vote by majority of votes to elect an administrative advisory board consisting of 3 persons (chairman and 2 assessors). In practice, it often happens that a different number is not challenged, so that the Advisory Council nevertheless effectively comes into office.

In principle, the landlord may make tax expenditures on the renovation, modernization or management of a property (such as mortgage rates, repairs and depreciation) that he or she would not be able to claim as a homeowner.

The current government has decided to grant the Baukindergeld to help young families to build or buy a property until 2020. Eligible for promotion are all families with children who signed a purchase agreement or received a building permit from January 2018 onwards.

Is the landlord or the new tenant responsible for the objects left behind by the previous tenant, such as suitable fittings, bathroom cabinets, wardrobes, curtain rods, lamps, dishwashers or awnings?

Paint walls or fix a shelf with dowels are still a contractual use of the apartment, which does not require the consent of the landlord.