The most important facts in briefMost important rights: rent increase, right to visit Home Maintenance the rented apartment in an emergency, apportionment of ancillary costs, timely payment of rentThe most important obligations: Traffic safety obligation, maintenance, rectification of defects and damage in the building fabric, guarantee of rest, provision of heating, disclosure of the utility bill, issuance of the landlord’s confirmation, assumption of costs of the bell system, announcement of the house rulesThe landlord is not allowed to do this: Carry out unannounced visits, prohibit small pets, terminate without warning, prohibit drying of laundry
Especially in the areas of operating costs, rent increase and entering the rented apartment, landlords should know their rights and landlord obligations. In addition, obligations such as the maintenance of the rental property, the repair of damage, the duty to ensure safety, the observance of silence and the provision of a functioning heating system must be fulfilled.
The lease is the most important document in the rental of a property and the tenancy. In most cases, it is a standard contract that sets out exactly what rights and obligations both tenants and landlords have. However, it is also possible to add your own additions to the rental agreement.
It is important to record all aspects that are particularly important to you personally in writing in the rental agreement. If necessary, the broker will help with this. A good tenancy between tenant and landlord is only beneficial for both sides and very advisable. Who is considered a tenant, who is considered the landlord?
The lease specifies exactly who is the tenant and who is the landlord. In most cases, the landlord is the owner of the property. Both apartments and houses and commercially used real estate can be rented out in Germany. Another possibility is subletting, where a tenant becomes the landlord.
In return, the tenant receives the right to live in the property for paying the fixed rent regularly and on time. In Germany, tenant protection is very strong, so tenants receive a lot of support. As a landlord, it is all the more important to avoid conflicts with the tenant and to fulfill your own obligations. Important
In the rental agreement, you should specify essential data such as the amount of rent and the notice period. This is where contract law collides with the right to the inviolability of the home, which is why it is a special document. While tenants have access to many different counseling centers, landlords are dependent on external consultants such as the broker or a notary in case of ambiguity. Both landlords and tenants must act in accordance with the contract. Tenancy law: What rights does the landlord have?
In the field of rent, there are many myths, such as the assumption that it is enough to introduce the tenant to three interested new tenants in order to terminate him. That’s wrong. In order to clear up the legends, we present the most important rights of the landlord here.
The landlord has these rights:Operating costs: The landlord may pass on the costs for the operation of the house or apartment, but not for the administration, to the tenant. The prerequisite for this is a detailed operating cost statement.Rent increase: Tenancy law specifies the limits and deadlines for a rent increase. As long as the landlord operates within this right as well as within the clauses of the rental agreement, he may increase the rent taking into account the local rent index.Entering the rented apartment and right of inspection: In certain cases, such as a burst water pipe, necessary repairs or for the inspection of interested buyers, the landlord may enter the apartment. However, he must announce this to the tenant in advance. Despite knowledge of small defects within the living space, the landlord may not simply penetrate the apartment.Termination of the tenant: In case of personal use, in case of repeated disturbances or default of payment, the landlord may terminate the tenant. However, the termination must always be preceded by a reminder and deadlines must also be observed. A termination without notice without reminder is not possible.
In principle, the landlord may also determine the house rules before the tenant moves in. After moving in, however, the adjustment of the house rules becomes a rental matter and must be discussed with the tenant.
In addition, there are some gray areas. For example, it is standard that according to the lease the tenant is responsible for cosmetic repairs. Nevertheless, the landlord often remains sitting on these costs when the tenant moves out. Landlord obligations: What obligations does the landlord have?
In addition to these rights, the landlord also has several obligations. These can entail high financial expenses. This makes it all the more important to regulate all details in the lease exactly.
Always make sure to fulfill your duties punctually and completely. In addition, it is helpful if you maintain a friendly and polite relationship with your tenants. Because in this way you have a better chance of encountering understanding and cooperation on the part of the tenant in an emergency.
The obligations of a landlord:Maintenance/repair of the property: Necessary repairs to the electricity, water and gas pipes must always be paid by the landlord. In the case of wear and tear of objects such as tiles, door handles or faucets, the bill also goes to the landlord. For small repairs, it is possible to ask the tenant to pay at a cost of about 100 € per repair.Damage caused by construction defects: A common problem is mold. If the landlord cannot prove that the defects were caused by the fault of the tenant, he must bear the costs of repairing the damage.Traffic safety obligation: As a landlord, you must ensure that the property is safe. For example, you must ensure that the associated pavement is gritted when it is slippery.Silence: The landlord is responsible for ensuring that no unreasonable noise impairs the quality of life of the tenants.Heating: The heating is clearly the obligation of the landlord. He must ensure that the apartment can be heated to at least 20 degrees between 1 October and 30 April.Utility bill: If an apportionment of the ancillary costs is specified in the lease, the landlord must regularly disclose the statement.Landlord confirmation: Since 2015, landlords have been required to issue their tenants with a landlord’s confirmation, which serves to register the new residence with the registration authority.Bell signs: If the landlord wants to purchase uniform bell signs, he must bear the costs. However, neither he nor the tenant are obliged to equip the bell signs with the name of the tenant during the tenancy.
Modernizations of the leased property are not among the obligations of the landlord, unless these are required by law. If, for example, new standard dimensions for mailboxes are determined by the legislator, these must be purchased and installed by the landlord.
As a landlord, it is also important to be clear about what is actually the tenant’s business. We recommend that you clarify in good time with the help of a specialist such as the broker which details should be in the lease.
In the event of non-contractual compliance with the landlord’s obligations, the tenant has the right to a corresponding rent reduction.What is the landlord not allowed to do?
As a landlord, you should also be aware of what you are not allowed to do. Unfortunately, it happens again and again that landlords think they can extend their rights. However, the strict tenant protection regulations in this country will quickly thwart their plans.
For example, landlords are not allowed to simply raise rent. If a graduated rent has been agreed in the rental agreement, it is important to observe the regulations exactly. If there is a formal error, which often happens, the original rental amount remains. It must always be waited at least one year before the graduated rent can increase.
Deposit and guarantee may be required. However, these may not exceed the minimum amount specified in §551 of the BGB and must record details in the lease.