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Real Estate Law

Buying a property is usually the biggest financial decision of your life; a termination for the landlord's own use, or a dispute over your deposit, affects your home. As a civil-law-focused firm based in Landkreis Ebersberg and Rosenheim/Wasserburg, I review your purchase contract before you sign and represent you in tenancy disputes — personally and in plain language.

Have it reviewed before you sign — the property purchase contract

A notarial purchase contract is certified, not negotiated — the notary explains the text but does not weigh your interests, as buyer or seller, against those of the other side. That is exactly where the risk lies: exclusions of warranty, unclear provisions on the discharge of encumbrances in the land register, or on when the purchase price falls due, often only come to light when it is too late. I read your draft contract before signing and explain, in plain language, where further negotiation is needed.

How I can help you

Own use, deposit, redecoration — your rights as a tenant

Termination for own use: The landlord may give notice if they need the property for themselves, family members, or members of their household (§ 573 Abs. 2 Nr. 2 BGB). The reason given must be specific — blanket statements are not enough. I check whether the notice was formally validly served and is substantively sound, and represent you, if necessary, in eviction proceedings before the Ebersberg Local Court.

Deposit repayment: The deposit may not exceed three times the net cold rent (§ 551 BGB) and must be invested to earn interest. After you move out, the landlord is entitled to a reasonable period to review the account — if that period passes without a final statement, or unjustified deductions are made, I will claim repayment on your behalf.

Redecoration clauses: Many standard-form clauses obliging tenants to redecorate on moving out are invalid as general terms and conditions if they place the tenant at an unreasonable disadvantage (§ 307 Abs. 1 BGB) — for example, rigid schedules that take no account of the property’s actual condition. I review individually whether your clause is valid.

Why a local firm

The Ebersberg Local Court has jurisdiction for eviction claims in the district, and is also the land registry for property purchases in the district — short distances, quick coordination. I support you in Landkreis Ebersberg and the Rosenheim/Wasserburg area in person, and by video consultation on request, without you having to install any software of your own.

Frequently asked questions

Is it really worth having a lawyer review my purchase contract?
Yes. The notarial draft purchase contract is usually only available a few days before signing, and it's difficult for a layperson to spot hidden risks in it — exclusion of warranty, discharge of encumbrances, the conditions for the purchase price falling due, priority in the land register. A review before signing costs a fraction of the purchase price and uncovers pitfalls before they become expensive.
When is my landlord allowed to give notice for their own use?
The landlord needs a legitimate interest — in particular because they, a family member, or a member of their household needs the property as living space (§ 573 Abs. 2 Nr. 2 BGB). The notice must state the reason for own use specifically and comprehensibly. I check whether the notice is formally and substantively valid.
How long can my landlord withhold my deposit after I move out?
There is no fixed statutory deadline; a reasonable period for review and final accounting is recognised, which, depending on the case (e.g. an outstanding service charge statement), can run to several months. The deposit itself may not exceed three times the monthly net cold rent (§ 551 BGB). If the final statement is overdue without good reason, I will request it on your behalf.
What does legal representation in real estate law cost?
Fees are calculated under the German Lawyers' Fees Act (RVG) or by agreement. Unlike in tenancy disputes, legal expenses insurance usually does NOT cover purchase contract review, because it is a precautionary advisory service rather than a legal dispute — I will tell you this openly. Given the sums involved in a property purchase, this deliberate investment typically pays for itself. In tenancy disputes (own use, deposit), legal expenses insurance often covers the costs — I submit the coverage request on your behalf. I discuss the specific framework transparently at our first meeting.

Recent articles on Real Estate Law

How much is the landlord allowed to raise the rent?

Post arrives: a rent increase. I explain what limits the law sets and how to check whether your landlord is keeping within them.

Having a property purchase contract reviewed — what should I look out for?

The notary explains the purchase contract but does not check that it protects your interests. What to look out for before notarisation, and why a lawyer's review is worthwhile.

When may a landlord give notice for personal use?

Personal use (Eigenbedarf) is the most common ground for termination under German tenancy law — but not every justification stands up. What the landlord must prove, and how to defend yourself.

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