The rental law is a right area within the civil law, which is concerned with the hiring of a thing to another against payment. The subject of the rental law are the legal questions connected with the lease.

Right bases in Germany

The rental law in in Germany is in particular regulated through

• the relevant regulations of the civil law book ("§"§ 535 FF. BGB).

Special regulations apply to leases over dwelling (see "§"§ 549 FF. BGB), in particular for publicly promoted housebuilding, about

• the law fixing residential use (WoBindG)
• the second computation regulation (IITH BVO)
• the rent regulation for new buildings (NMV)
• the second housing law (IITH WoBauG).

The amount of rent law with detailed regulations during a rent increase, valid for so-called free-financed dwellings, is by the rental law reform law (into force stepped to 1 September 2001) into the civil law book "§"§ 557 FF. BGB integrated.

Technical periodicals to the rental law, in particular housing rental law:

• Housing industry and rental law (publication of the German renters association)
• Magazine for renting and space right
• New magazine for renting and housing right

Fundamentals of the housing rental law in Germany

Lease

Landlords and tenants can negotiate their lease freely. If other regulations in a lease are missing, "§"§ the 535 to 577a of the civil law book to dwelling leases (BGB) applies. However may not be deviated from compelling legal regulations from the disadvantage of a housing tenant. Since the rental law reform (into force stepped to 1.9.2001) this is in the individual regulations for dwelling renting conditions noted at the end in each case (see about "§ 551 exp. 4 BGB for the delimitation and plant of a renting bail).

Characteristics apply, if by a form lease from legal regulations one deviates. Here the regulations are additional over the general trading conditions ("§"§ 315 FF. To consider BGB). (Example: Small repair clauses - see for this the decisions of the Federal High Court in: Housing industry and rental law 1991, P. 381 and 1989, P. 324).

See also: Contract

Lack

The landlord is obligated after "§ 535 BGB to leave and receive the dwelling in a stipulated condition. If it does not follow this third-party liability, after the law different rights are entitled to the tenant. It can reduce for example the rent to appropriate extent (renting reduction, "§ 536 BGB) and a right of lien at a part of the rent in requirement to take. Further the possibility insists of suing the landlord on lack removal and of requiring payment of damages, if the lack were present already at the time of conclusion of the contract (it was, which knew tenants the lack); likewise claims are possible, if the landlord caused the lack imprisonment for debt or with the lack removal in the delay is ("§ 536 A BGB). This does not apply naturally to such lack, which the tenant caused for imprisonment for debt.

See also: Renting reduction

Rent increase

With each rent increase must be first clarified whether the Formalien was kept (esp. text form and reason, "§ 558a exp. 1 BGB) and whether a rent increase is impossible in the concrete case. "§ it regulates 557 exp. 3 that in accordance with rent increase "§"§ the 558 to 560 can be required, as far as not the increase is impossible by agreement or results the exclusion from the circumstances.

If in the lease a graduated rent ("§ 557a BGB) or index rent ("§ 557b BGB) were agreed upon, is other one rent increase grds. not possible (exception: s. "§ 557 b) exp. 2 BGB).

• According to the laws the landlord can demand the agreement for rent increase up to the height of the local comparative rent. That is the rent, which was locally agreed upon for dwellings of comparable kind, size, equipment, condition and situation in the last 4 years. In the rent increase letter the landlord must justify on the basis the legally given reason means in writing, why he considers the rent demanded by him local. Additional the so-called cutting border is to be considered. Is regulated this form of the rent increase in "§"§ the 558 to 558 e BGB.

• Of it to differentiate a rent increase is after a modernization of the flat let for rent

(S. "§ 559 BGB).

See also: Rent increase

Operating cost

After the law operating cost is contained in principle in the rent. In the lease it can be agreed upon however that the tenant carries all or a part of the reallocationable operating cost separately. Only if such an agreement exists in the lease, the landlord can require the operating cost additionally to the basic rent. In principle only the Kostenpositionen specified in the lease expressly must be carried by the tenant (whereby in opinion of the courts in addition, an overall reference to plant 3 is sufficient too "§ 27 Abs.1 of the IITH BV, see OLG Hamm, housing industry and rental law 1997, P. 542).

In place of enumerating the reallocationable operating cost in plant 3 too "§ 27 IITH BV since that the operating cost regulations to 1.1.2004 stepped, which contain the catalog of the reallocationable Kostenpositionen now in "§ 2 BetrKV. More than the operating cost specified here must pay the tenant in no case, even if further Kostenpositionen are mentioned in the lease. To the reallocationable costs belong for example: Real estate tax, costs of water, drainage, heating, warm water, elevator, garbage disposal, chimney cleaning, road cleaning, house cleaning, garden care, lighting, special and liability insurance, house-wait, community antenna or the distribution system for broadband cables.

It is permissible to agree upon in the lease for operating cost an appropriate pre-payment over which the landlord must account for annually. To be agreed upon a lump sum in addition, can, over which one does not account for. If a lump sum no more is cost-hitting a corner, the landlord can increase the lump sum, if this is agreed upon in the lease ("§ 560 exp. 1 BGB).

Special regulations apply during the account over heating cost pre-payments!

Here the regulations of the heating costs regulation (HeizkVO) apply. Afterwards must in principle (exception: "§ 2 HeizkVO) a consumption-dependent account of heating costs according to the regulations of the HeizkVO to be provided.

See also: Operating cost,

(Within the prescribed period) the notice

To differentiate is

• the notice within the prescribed period of a lease,
• the extraordinary notice of a lease, e.g. after a rent increase,
• the cancellation without notice of a lease.

In principle applies: only leases, which were locked on indefinite time, can be terminated by a Contracting Party by notice within the prescribed period.

For the notice within the prescribed period of an unlimited contract the law prescribes certain forms and periods: The notice must take place in particular in writing ("§ 568 exp. 1 BGB) and the written notice of withdrawal must be signed. If several persons on a contract side are involved in a renting relationship, a notice must be expressed by all and/or to all. Landlords and tenants can quit further only under adherence to certain legal periods. After "§ 573 C exp. 1 BGB has to keep the tenant independently of the duration of the renting relationship a term of notice of 3 months. Quits against it the landlord arranges itself the period after the duration of the renting relationship. Up to 5 years currency of the contract amounts to the term of notice of the landlord 3 months, after more than five-year duration 6 months and after 8 years duration 9 months (other terms of notice can itself ggfls. resulted in in the case of "old leases ", which were closed before that 1.9.2001).

After "§ 573 exp. 3 BGB the landlord must justify the notice. The landlord can quit to a contract-faithful tenant in principle only if he has a justified interest in the completion of the renting relationship ("§ 573 exp. 1 BGB). The notice must show the reasons validly made by the landlord. "§ 573 exp. 2 BGB exemplarily reasons for a justified interest of the landlord in the notice, e.g. substantial contract obligation injuries or "internal requirement calls "(i.e. the landlord needs the dwelling for itself or for relatives).

Even then, if the landlord has a justified interest in the completion of the renting relationship, the tenant is not always forced to (immediate) the excerpt. To examine it is with a notice within the prescribed period further whether the tenant can contradict the notice and require the continuation of the renting relationship. This is after the law the case, "if the completion contractual of the renting relationship for tenant, its family or another member of its household a hardness would mean, which is not to be justified also under appreciation of the entitled interests of the landlord "; a hardness is present after the law also then, "if appropriate spare dwelling on reasonable conditions not to be procured can "(so-called social clause "§ 574 BGB). To the iurisdiction are possible as reasons for the contradiction for example also: heavy illness, high age and frailty. The contradiction must be explained in writing ("§ 574b exp. 1 BGB).

See also: Notice of leases

See also

• Contract
• Renting reduction
• Rent increase
• Operating cost
• Notice of leases

Articles in category "Rental law"

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