Your lawyers for tenancy law in Schleswig-Holstein
Tenancy law in Schleswig-Holstein – often more complicated than expected
At first glance, tenancy law seems clear and straightforward. After all, the rights and obligations of tenants and landlords are regulated in Sections 535 to 580a of the German Civil Code (BGB), which can be viewed by everyone. In addition, at first glance most rental contracts appear easy to understand for both tenants and landlords.
It seems as if a form from a landowners’ association, a form from a tenants’ association or a contract from the stationery shop is sufficient and everything is then settled. However, practice shows a completely different picture. Year after year, millions of tenants and landlords in Germany seek legal advice.
Around a quarter of a million cases still end up in court. As lawyers for tenancy law in Schleswig-Holstein, we therefore represent tenants and landlords both in and out of court.
Frequent conflict issues for lawyers in tenancy law
There is usually no malicious intent behind disputes between tenants and landlords. Of course, clichés like those of the inconsiderate rental nomad or the greedy landlord also show up in real life. And in most of these cases, we can help you to obtain your rights even if the other party acts unreasonably. But often there are questions of interpretation and understanding that need to be clarified.
Anyone who believes they are in the right naturally wants the other party to adhere to this right as well. This applies to both tenants and landlords. However, many regulations that seem clear at first glance are no longer so clear on closer inspection.
Frequent issues of conflict are:
- Rent arrears, rent debts, rent cuts
- Deposit issues
- Sale of the property
- Own use
- Impairments, noise
- Modifications, repairs, modernisations, renovations
- Garden use
In addition, personal circumstances and interests can change on both sides. A tenant who has previously lived alone wants to take his partner into the apartment. A couple has a baby. The tenants want to adapt the rental property more to their personal taste. Or the landlord intends to convert the property.
The grandson of the landlord wants to move back to his hometown after completing his studies, and the grandfather wants to give him the apartment which he has already rented out. Or the landlord is planning a comprehensive renovation of the building for long-term economic reasons. Everywhere the potential for conflict exists that arises from the new situation without malicious intent. We advise and represent you in all these cases.
If you have any questions about tenancy law, come to us in good time –
whether as a tenant or landlord.
Mistakes in tenancy law and how we can clear things up for you
Whether as well-intentioned advice among friends, out of a misunderstanding, or because the answer provider in the Internet forum is not so well informed – there are numerous misunderstandings about tenancy law among tenants and landlords.
- If someone wants to move out, they only have to name three prospective tenants and can then end the contract early.
- The rental contract ends when the person moves out and hands over the keys.
- The landlord may exclude sub-tenants.
- The tenant may accept sub-tenants.
- A 14-day right of withdrawal always applies to the rental contract.
- The landlord can keep a spare key in case of emergencies.
- If there are several tenants, everyone can terminate the rental contract for their part.
- In the event of termination, no further rent has to be paid in the last few months.
- If the rented property is smaller than specified, the rent may be reduced.
- The landlord can prescribe the colours in which the walls are allowed to be painted.
- If the rent has not been increased for a long time, then the landlord can always ask for a rent increase.
And there are many other mistakes in tenancy law that persist and regularly cause disagreements, arguments and legal disputes – up to criminal offenses such as trespassing, threats, coercion, bodily harm on both sides.
Do not let things get that far. We advise you comprehensively and clearly from the start.
We mediate between landlords and tenants. And we represent you competently in the event of a legal dispute and always try to find an out-of-court but equally binding settlement first.
The rental contract regulates this
According to tenancy law, the lease is a contract under the law of obligations between two parties, the landlord and the tenant. The landlord is obliged to give the tenant an object to be named, the rented property, for use.
On the other hand, the tenant undertakes to pay the agreed rent to the landlord in return. The rental contract also regulates the notice period, the deposit, rights and obligations of the tenant and landlord and may contain other specific clauses such as the option of renting a property.
Despite legal requirements and seemingly unambiguous formulations, there are regularly numerous controversial questions
This is also ensured by many common mistakes on the tenant and landlord side. We advise and represent you in all questions regarding tenancy law and thereby often prevent costly legal proceedings, obtain out-of-court settlements and protect you from future mistakes.