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German Tenant Laws

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The main result of strengthening the rights of tenants and relevant stakeholders is that each tenant is considered a potential risk and landlords need mountains of paperwork to rent a property. If no escalation clause is included, a landlord may require the tenant to accept a rent increase to the usual rent level in an area, provided the last rent increase occurred at least 15 months before the date of the increase. As a rule, this type of rent increase is limited to 20% over three years. According to the 558 Bond Act, the landlord must indicate the reasons for the increase in the rate, i.e. expert opinions, three “model rents” for comparable properties, or a “qualified rent index” or rent database – a statistical measure of rents issued by local authorities and approved by landlords` and tenants` associations. The tenant has two months to comply with the request; if they refuse, the landlord can sue. I have a condominium in Germany, the tenant has lived there for 25 years. I am now retired and would like to use the apartment a few months a year. How do I get it out? Even if the grounds for termination are legally binding, a minimum notice period applies. Different periods apply to landlords and tenants. `Termination [by the policyholder] shall be authorised not later than the third working day of a calendar month with effect from the end of the following month.` In the event that you wish to terminate the contract, the legal regulations apply that a tenant can terminate the contract at any time by giving the owner a notice period of three months without giving reasons. German law is PRO-TENANT because tenants get security from the property.

To terminate your lease, simply write a letter to the landlord and send it in written form and on paper (remember, don`t email it, only one letter counts!). Declare the intention to terminate the lease (without giving specific reasons) and have it signed by the main tenant of the apartment. Ta-da, you`ll be out in three months! The tenant does not need any justification to be able to terminate. As a general rule, he must give three months` notice. A landlord has the right to evict a tenant if they don`t pay their rent after two months. However, the deportation process is slow and, in some cases, takes more than six months. In addition, there are regulations that prevent the landlord from making an unjustified rent increase. The landlord must provide a clear justification as to why the current tenant will have to pay more for the rent than the previous one. The tenant can reprimand the claim if they feel the landlord is asking for too much. The local tenants` association can usually provide information about minimum fees and rental statistics in the area so that the tenant can make an informed decision about it.

The notice period for “ordinary termination” can be between three and nine months (if the tenant has lived in the premises for a long time). Every tenant in Germany is protected by the legal period of an eviction notice, which is three months. This applies in particular if you have a contract of indefinite duration. And the longer you live in the apartment, the longer your notice period will be. The collection of late fees is not a common practice and is generally not mentioned in standard leases. Typically, tenants are offered a grace period if they do not pay their rent on time. Even if the landlord has sufficient reasons to terminate the lease, it can still be challenged in court or with the help of the tenants` association. The longer you have lived on the property in question, the more influence you have on your landlord. Lease law in Germany largely favours tenants over landlords and offers comprehensive protection within a very solid legal framework. However, there are different types of leases and different regulations for different types of real estate. You should carefully consider your options and study the terms of your lease before signing it, as it is legally binding. In this context, it should also be noted that a tenant can render such an extraordinary termination ineffective by paying all arrears.

However, a tenant can only exercise such a right every 2 years. German law is largely in favour of the tenant. If you have any concerns, you can contact the National Tenants` Association, the German Tenants` Association, or find your local tenants` association, called tenants` associations. Tenant associations in Germany can be subscribed for a few euros per month and have expert lawyers available to handle disputes with landlords. I have personal experience of the effectiveness of the tenants` association. They recovered almost all of my deposit when an owner decided to keep it under a fragile pretext. They also asked a homeowner to install an oven for me and reimburse me for the mini oven I had to buy to cook in the meantime. The law stipulated that the apartment was rented furnished and needed an oven. It`s hard not to admire the combined influence of German tenant protection laws and associations like the tenants` association, with the ability to interpret regulations and seek justice for tenants.

For the first time in my life, I felt empowered as a tenant. In case of malfunction or critical defect, such as transient heating. B or a broken air conditioning, the tenant can alone reduce the amount of the rent without asking the approval of the court to compensate for the inconvenience. The reduction must be proportional to the problem and only small deductions are not contested. If a new tenant is in breach of contract, how should an eviction notice be sent? What legal action will follow? As a tenant in Germany, you are under the protection of the law. .

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