Tenancy law deals with the fair balancing of the interests of tenants and landlords. This legal relationship in tenancy law between the tenants is primarily based on the tenancy agreement. In everyday life, the tenancy of flats and properties is probably the most common, but of course cars or any other objects can also be rented out. They are all subject to the provisions of tenancy law. On this page, we will limit ourselves to the usual consideration of tenancy law in the context of flats and property.
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Problems with the tenancy agreement usually arise for tenants when the landlord wants to enforce certain changes, be it that he wants to increase the rent, wants to transfer certain services to the tenant or wants a completely different use, i.e. gives notice of termination. In principle, tenants are very well protected in Germany. This applies not only to arbitrariness on the part of the landlord, but also in particular to what may and may not be included in tenancy agreements. The duties and responsibilities of landlords are also much more clearly defined than the corresponding duties of landlords. As a result, the tenant generally has clear advantages in the event of disputes, provided that they have not committed any major misdemeanours or breaches of contract themselves. A clear tendency in favour of the tenant can be seen in court decisions in tenancy law, particularly when it comes to the assertion of rent reductions or landlord default.
The situation can be somewhat different when it comes to "personal use". As a tenant, you have a good chance of dragging out the process, but in the end, personal use has a very strong position in the termination of tenancies. Proving abuse by landlords is difficult and time-consuming in practice.
Tenancy law is a very complex topic for a lawyer. Even though there are already countless court decisions, the individual cases always differ in detail. An initial consultation with a tenancy lawyer serves to analyse your specific case in detail and take appropriate measures. We are there for you, also on the following topics:
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