Important Legal Decisions

for Real Estates in Germany

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.

Every year, 600 people die in apartment fires in Germany, most are surprised in their sleep.
The installation of smoke detectors is a modernization measure according to § 555b BGB. Therefore, landlords are entitled to increase the annual net cold rent by 11% of the acquisition cost. Tenants must tolerate the installation, even if they have already...

When moving in still freshly renovated rental apartments often look worn after a few years. The law defines that actually the landlord is responsible for all repairs in the apartment - including so-called beauty repairs.
Beauty repairs include:

Tenants keep reminding that the costs of cleaning the oil tank every few years are not ongoing costs and therefore not reimbursable maintenance costs.

It can happen to anyone: every year thousands of landlords fall for the machinations of rental nomads. These take advantage of the very tenant-friendly tenancy law in Germany in order to live as long as possible free of charge and leave the apartment often in catastrophic condition.

The digital age has long since moved into the management of real estate and changed the communication with the owners and tenants. Writing an e-mail is quick and saves postage. However, not all concerns can be communicated online.
Some property managers have switched to electronic file management. This means that scanned invoices can be sent by...

Landlords must test their property for Legionella: Legionella contaminated water can cause serious infections. The Drinking Water Ordinance obliges owners and landlords to regularly check the drinking water for Legionella.

Since 2013, owners have had to submit their Energy Certificate to their prospective customers without a new lease. It provides information about the energetic state of a property.

If you want to rent out your apartment as an owner, the principle applies: If you appoint the broker, you also pay his commission. This has not been regulated before and very often the tenant had to pay the comission.

This option for new rentals of existing apartments is hardly possible with the new German regulation called "Mietpreisbremse" (rental price brake).

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