Tenancy Law

If you are planning to rent a house or a business space in Munich it might be best to consider consulting lawyers. The Tenancy Law is strictly imposed in Germany and lawyers in Munich will be able to guide you through the process without getting into any trouble. Every year, the ordinary courts in the country hear around 300,000 cases with regard to tenancy. The trial may take a while but the law is enforced. Discussing Rents The German Tenancy Law permits free negotiation of rents between landlords and tenants. Landlords will be fined though if they charge 20% higher than the rent for a similar facility. Rents remain the same for at least 12 months and the tenant must be informed of any increases in writing. The contract that the tenant and landlord come in agreement with may contain graduated increase or indexation clauses pertaining to the increase in rates. Lawyers in Munich will be able to guide you through the extents and limitations with regard to this. There are several clauses which discuss the intricacies of the rent adjustment. The contract may be considered unlimited or limited agreements. Unlimited contracts are the predominant type of agreements. Limited contracts, on the other hand, state the need of the landlord or his family to use his property or execute needed renovations. It must be noted though that contracts that will last over a year must be put in writing. In case of problems, a landlord may serve an ordinary or an immediate notice to the tenant. The ordinary notice is applicable to unlimited contracts. It is served if the tenant breach a contract, the owner needs the property, or if the existing contract prevents the owner from getting more economic gains from the property. This is usually given for a period of 3 to 9 months. The immediate notice effects the immediate termination of a contract due to breach of important provisions or agreement. The Tenancy Law of Germany is best discussed with lawyers in Munich. They can give you advice and guidance so you are sure that the deal is fair and in accordance with the German law. Knowing About the Tenancy Law To know more about this German Law, you may browse online for the German Civil Code. You can specifically find the guidelines on tenancy in the 11th Book or Law of Obligations. Other pertinent readings may include Law on Apartment ownership, Regulation on the Calculation of Heating Costs, Regulations on Personal Chattel, and Law on Regulation of Estate Agencies.


Post Author: mark

6 thoughts on “Tenancy Law


    (February 18, 2010 - 4:06 pm)

    What are the different types of tenancy agreements available?
    What is the difference between a short hold tenancy and a assured short hold tenancy. Which is the one best for a landlord and will prevent a potential tenant from squatting in the property?
    What other types of agreements can be made?


    (February 18, 2010 - 9:08 pm)

    Have a look at the link provided for a good insight into the different rental contracts. I always use the Shorthold Tenancy Agreement with my tenants as that is a standard 6 month contract.

    Best way of preventing a tenant squatting is references. Get bank details of last 3-6 months, perhaps wage slips, also a reference from their previous landlord. Unfortunately a tenant has more right once in your property than you do so this is a diffucult issue to rectify if your tenant becomes nasty. Obviously you keep their deposit up front. Ive rented my property for 4 years with no problems. Keep a good relationship and be a good judge of character. good luck.
    References :


    (February 18, 2010 - 9:10 pm)

    Go to the Citizens Advice Bureau. They can advise you of every angle of letting/ renting property in a clear way.
    References :

    david t

    (February 18, 2010 - 9:12 pm)

    the best way is 6 month contract ,one months rent and 1000 deposit up front, collect rent on weekly basis as then you cant be mucked about, make sure contract states luner month as some months have 5 weeks and you earn yourself more rent.also write into contract the week rent is not payed this stands as a weeks notice for them to leave as you have their deposit to cover this,
    References :


    (February 18, 2010 - 9:14 pm)

    Go with an assured shorthold tenancy agreement.
    If you are letting out a property privately, it would be a good idea to take one month’s rent up front, six weeks rent as a security deposit and get an employer reference and bank reference to be as sure as poss that they can afford the rent.
    Apparently, you can get a basic pack to make up your own AST from WHSmiths.
    References :


    (February 18, 2010 - 9:16 pm)

    The best thing is to checkout the governement website! read this page it has some basic details!


    to be honest there are several options available and they all have different responsibilities, you need to research the different kinds and find out which one suits you best.

    In my opinion a standard Assured short hold tenancy (which is 12 months) with a 6 months break clause with a 2 month notice period is the best.

    however it depends on your circumstances
    References :

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