Real Estate Legalities

Amt für Wohnungswesen to Save Costs and Secure Evidence

2008-11-07T23:14:50+01:00

Amt für Wohnungswesen to Save Costs and Secure Evidence

Apartments and houses are not always in good shape. Whenever the landlord is in dispute with his tenant or vice versa, it can be of advantage to have evidence of the condition of the dwelling. Generally, you have to hire an expert and that is not cheap. An administrative office in some states of Germany, the Amt für Wohnungswesen, Office for Housing Affairs, has the responsibility that the owner of a house maintains a minimum on refurbishment and so ensure orderly use of the apartment or house. This office has also the power to fine proprietors and tenants.

First Purchase of self-inhabited Condominium

2008-11-07T23:50:57+01:00

First Purchase of self-inhabited Condominium

When transforming rented apartments to condominiums (i.e. the apartment as tradable real estate = Eigentumswohnung) in Germany, tenants have the right of preemption to purchase the apartment first. But does this have to be before or can it also be before the sale has been completed? The BGH answers this question in its judgment of June 22, 3007 (re V ZR 269/06).

Foreign Tennant May Not Always Install Parabolic Antennas

2008-11-08T00:09:35+01:00

Foreign Tennant May Not Always Install Parabolic Antennas

Can you demand from your landlord that he permit you to install parabolic antennas on your balcony even though you have cable TV at home and so follow your demand to receive programs in your native tongue?

General Prohibition of Pets in an Apartment

2008-11-07T23:23:40+01:00

General Prohibition of Pets in an Apartment

The BGH had to decide if the landlord may deny keeping pets in an apartment (re VIII ZR 340/06). A landlord wanted to generally forbid any tenant from having a pet in the apartment.

Heating Supply Contracts Uneconomical When First Moving in?

2009-02-03T18:07:33+01:00

Heating Supply Contracts Uneconomical When First Moving in?

Landlords have the legal duty to keep the auxiliary costs of renting, that the tenants have to pay, economically as low as possible "(Principle of cost effectiveness [Grundsatz der Wirtschaftlichkeit]). Can this principle be violated when the proprietor changes from a traditional in-house heating to an external heating provider? The Federal Court of Justice (re VIII ZR 243/06) answered this question on November 28, 2007.

Incorrect Apartment Size Provides no Grounds for Increase in Rent

2008-11-07T23:35:32+01:00

Incorrect Apartment Size Provides no Grounds for Increase in Rent

A proprietor wanted to retrospectively increase the rent up to the “local rent” (= “ortsübliche Miete”) because the apartment turned out to be larger than written in the contract. Since the tenant refused, the landlord filed a suit. After going through the lower courts, the BGH decided on this case on May 20, 2007 (re VIII ZR 138/06).

Landlords can Cancel Tenancies to Demolish Houses

2009-05-27T12:06:07+02:00

Landlords can Cancel Tenancies to Demolish Houses

In total contrast to the almost impossible possibility to end a rental contract with a tenant, the BGH decided on January 28 ,2009 in three parallel cases (re VIII ZR 7/08, VIII ZR 8/08, VIII ZR 9/08) when a landlord can present the above argument to cancel a rental contract.

Landlord’s Right of Entry to a Rented Apartment

2008-11-07T23:53:01+01:00

Landlord’s Right of Entry to a Rented Apartment

In surveying recent trends, we find on the one hand the growing importance of landlord / owner rights with increasing numbers of forced judicial sales (by public auction), passing modernizing costs to the tenant, subletting, the landlord’s right of entry and repossession to his owned but rented apartment to examine the situation is noticeable. At the same time, privacy issues and restriction of intrusion upon the private personal sphere have equally gained relevance. On this page, we explore this clash of conflict of interest.

Loan Sales: Home Owners Alarmed for your Financing Loan

2010-07-17T10:15:45+02:00

Loan Sales: Home Owners Alarmed for Your Financing Loan!

May home owners have had sleepless nights due to rumors that banks are selling their loans to dubious financial investors. LG2G will inform you on the current legal situation, as well as which steps you can take for your own protection.

Must Neighbor Tolerate Falling Leaves

2009-10-08T08:08:58+02:00

Must Neighbor Tolerate Falling Leave?

Now, fall has come and leaves are turning multicolored. But what rights do you have, when they keep blowing on to your property from your neighbor's? The Federal Court of Justice gave its say to this dispute with its judgment of November 14, 2003 (re V ZR 102/03).