A service charge statement with a large back-payment, notice because the landlord wants the flat for their own use, or a deposit that does not come back after you move out: tenancy law is about your home or about the flat you let. I represent tenants and landlords on service charges, owner-occupation notices, defects and deposits, out of court and in court.
Tenant or landlord: what it is usually about
As a tenant
Checking service charge and heating cost statements
Defending against notice for the landlord’s own use and eviction claims
Checking requests for a rent increase
Recovering the deposit after moving out
Redecoration clauses when moving out
As a landlord
Service charge statements that stand up to scrutiny
Rent increases up to the local comparative rent
Notice for own use or for rent arrears
Eviction claims and eviction
Subletting, deposits and final accounts after the tenancy ends
How it works
You send me the documents: the tenancy agreement, the statement, the notice or the
rent increase request. I read them, tell you how I assess the situation and what
needs to be done now, including which deadline is running. Claims arising from a
residential tenancy belong before the local court for the district in which the flat
is located.
What it costs
Fees are charged under the German Lawyers’ Remuneration Act (RVG) or by agreement.
Many legal expenses insurers cover tenancy disputes if the policy includes the module
for home and property; I make the coverage request for you. I discuss the fees with
you before any costs arise. More on costs and costs calculator.
I represent clients throughout Germany. Advice by video or phone; court hearings by video (sec. 128a Code of Civil Procedure) or, where the court requires attendance, through local counsel appearing for me. The file stays with me. Office in Kirchseeon near Munich.
Tell me what is in dispute – the service charges, the notice or the deposit.
I read every message myself and usually reply on the next working day. What you write to me is covered by legal professional privilege from the first word, even if no engagement comes about. The initial assessment is free of charge.
Your message has arrived. I will usually reply on the next working day. If it is urgent: 08091 617 7777
Frequently asked questions
The service charge statement arrived very late – do I still have to pay the back-payment?
The landlord must account for the advance payments no later than twelve months after the end of the accounting period (section 556(3) BGB). If the statement comes later, the landlord can generally no longer claim a back-payment unless they are not responsible for the delay. A credit balance, on the other hand, is still owed to you. You must raise objections to the statement within twelve months of receiving it.
How much can the landlord increase the rent?
Up to the local comparative rent, provided the rent has not changed for fifteen months, and by no more than 20 per cent within three years; in municipalities designated by regulation, by no more than 15 per cent (section 558 BGB). You have until the end of the second calendar month after receiving the request to give your consent (section 558b BGB). I check beforehand whether the request is properly justified, for example by a rent index or comparable flats.
Can I object to notice given for the landlord's own use?
Yes, if ending the tenancy would mean hardship for you or your family that cannot be justified even taking the landlord's interests into account, for example because of old age, illness or a lack of alternative housing (section 574 BGB). The objection must be made in writing and, if the landlord has informed you of the right to object, must reach the landlord no later than two months before the tenancy ends (section 574b BGB). Independently of this, I check whether the landlord's own use is stated concretely enough.
