In Germany, just under 50% of the population live in their own homes – placing the country second from bottom in the European comparison of home-ownership rates. This not only means that half of the country’s residents live in a tenancy; the sheer number of people affected also creates enormous potential for disputes and legal conflicts between tenants, landlords, property managers and housing associations. Although the statutory scope of tenancy law may at first glance appear modest and easy to grasp, appearances are deceptive. Beyond its statutory basis, tenancy law in Germany rests on a vast body of court rulings and disputed cases that make the field more complex and extensive year after year.

The issues and points of contention here are as varied as the tenants themselves. Sometimes all that is needed is to establish legal certainty around the familiar “urban” myths surrounding tenancy law. May I use a barbecue on my balcony? Must I wet-mop the communal hallway?, and so on. We are all familiar with the small hurdles involved in moving out of a rented flat and the questions that come with them. What has to be repaired and what does not? Must the flat be handed over freshly painted, and if so, what quality standards must be met?, and so forth. But matters can also become far more complex.

There is also the task of giving our clients legally binding guidance on political decisions and interventions in the rental market. Examples include the rent brake (Mietpreisbremse), the rent cap (Mietendeckel), as well as modernisation and rent adjustment. And when several years pass between the political resolution, its implementation in people’s daily lives and the final court ruling, the legal framework and the consequences for the various parties quickly become opaque, and the legal consequences are grasped only inadequately. The disputes that arise can be highly varied and can quickly reach absurd proportions.

Given recent events, one further concrete example of a highly complex legal dispute in the field of tenancy law deserves mention: the interpretation of tenancy agreements and tenancies in the context of the coronavirus pandemic, which affects both commercial tenants and private tenants, will in the medium term bring enormous potential for disputes over rent paid and/or tenancies terminated. The list of possible disputes is a long one – and not only in this context.

Our firm advises tenants and landlords alike. Our goal is to help you secure your rights. A dispute does not always have to end up in court. Comprehensive advice and a detailed analysis of the facts often help to resolve disputes without any need for court proceedings. Feel free to get in touch with us about your current case!