What tenancy rights do I have?
You have not yet received your deposit back? Your tenant has not vacated the apartment on time? Here you will find an overview of tenancy law claims
Claims under tenancy law
Tenancy law according to § 535 ff. BGB: A brief overview
Tenancy law in Germany, laid down in §§ 535 ff. of the German Civil Code (BGB), is of great importance for tenants and landlords alike. These legal provisions define the rights and obligations of both parties and serve to ensure a fair and balanced tenancy.
1. Conclusion of contract and rental object (§ 535 BGB):
According to § 535 BGB, the landlord is obliged to hand over the rental property to the tenant in a condition suitable for contractual use and to keep it in this condition during the rental period. The rental agreement itself must be concluded in writing if the rental period is longer than one year.
2. Rent and additional costs (§§ 556-560 BGB):
The amount of the rent and the additional costs must be specified in the rental agreement. The agreement on the amount of the rent is subject to the free agreement of the parties, but the rent must be reasonable. Additional costs, such as heating costs or costs for cleaning the building, can be passed on to the tenant if this is agreed in the rental agreement.
3. Rent reduction (§ 536 BGB):
If the rental property is defective, the tenant has the right to a rent reduction. This means that he can reduce the rent according to the impairment of usability. However, the tenant must report the defect to the landlord immediately.
4. Operating costs statement (§ 556 BGB):
The landlord is obliged to send the tenant an annual statement of the additional costs. This statement must be transparent and give the tenant the opportunity to understand the costs. The billing period is one year after the end of the billing period.
5. Termination (§§ 573 ff. BGB):
Certain notice periods apply to both parties, which are set out in the rental agreement or in the law. The notice must be given in writing. In the case of a regular notice of termination, there must be a legitimate interest, for example the landlord's own use or the tenant's late payment.
6. Cosmetic repairs:
The obligation to carry out cosmetic repairs can be transferred to the tenant by contract. However, such clauses are often ineffective if they disproportionately disadvantage the tenant.