Tenancy law

Tenancy law jungle and pre-programmed dispute

In Germany, only just under 50% of the population live in their own four walls, which puts this country in second-to-last place in Europe as far as the home ownership rate is concerned. This not only means that half of the inhabitants of this country are in a tenancy relationship, but also offers enormous potential for disputes and legal disputes between tenants, landlords, property managers and housing associations simply because of the large number of people affected. Although the legal scope of tenancy law appears small and manageable at first glance, one should not be deceived. In addition to the legal basis, tenancy law in Germany is based on a large number of court rulings and disputes, which make this profession more complex and extensive every year.

The problems and disputes are as diverse as the tenants themselves. So sometimes it is just a matter of creating legal certainty, with the well-known “urban” myths on the subject of tenancy law. Am I allowed to barbecue on my balcony? Do I have to wet mop the hallway?, etc.? We all know the little hurdles when moving out of a rented apartment and the questions that come with it. What needs to be fixed, what doesn’t? Does the apartment have to be handed over freshly painted, and if so, what quality standards have to be met? But it is also much more complex.

Thus, it is necessary to classify legally binding political decisions and interventions in the rental market for our clients. Examples include the issues of rent control, rent caps , modernisation and rent adjustments. If there are then also several years between the political decision, implementation in people’s everyday lives and the final court ruling, the legal structure and consequences for the various parties quickly become confusing and the legal consequences are only inadequately grasped. The disputes can be very diverse and quickly take on abstruse proportions.

For the sake of argument, here is another concrete example of a Highly complex legal discussion of the issue Tenancy law called: The interpretation of rental agreements and Leases in the context of the coronal pandemic, which has implications for both commercial tenants as well as on private tenants, will in the medium term bring with it enormous potential for disputes over rent paid and/or terminated tenancies. The list of possible disputes is not only long in this context.

With our law firm, we serve tenants and landlords alike. Our goal is to help you get justice. 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 going to court. Feel free to contact us with your current case!

How we support tenants on the subject of tenancy law

  • Examination of rental agreements
  • Review of terminations and / or evictions
  • Support in the event of housing defects (mould, damp)
  • Advice on compensation and damages
  • Examination of the legality of service charge statements
  • Advice on the topic of rent control and rent caps
  • Advice on tenants’ rights
  • Advice on tenant obligations, house rules etc.
  • Legal certainty on the subject of rent increases
  • Legal assistance and communication with insurers such as homeowner’s insurers, etc.

How we support landlords on the subject of tenancy law

  • Drafting of rental and lease agreements
  • Advice on property management
  • Advice on tax aspects of tenancy law
  • Advice on the topic of rent control and rent caps
  • Legal advice on the subject of own use
  • Legal advice on the termination of tenancy agreements
  • Legal advice on the subject of service & supply contracts
  • Advice on the topic of inheritance in Germany
  • Advice on commercial tenancy law
  • Enforcement of claims and eviction
  • Litigation support and enforcement of your legal claim

Support on the subject of leasing & vehicle rental

  • Legal review of leasing contracts
  • Advice on the subject of defects and complaints after vehicle return in leasing contracts
  • Support in the settlement of disputes on the subject of rental / hire cars (also abroad)

Helpful articles on the subject of tenancy law:

Our office in Munich

You will find our office at Fasolt-Strasse 7 in Munich, very close to Schloss Nymphenburg. Our team consists of highly motivated attorneys who are available for all the needs of our clients. In special cases, our law firm cooperates with selected experts to represent your interests in the best possible way.


About the author

Dr. Johannes Fiala Dr. Johannes Fiala

Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
»More about Dr. Johannes Fiala

On these pages, Dr. Fiala provides information on current legal and economic topics as well as on current political changes that are of social and/or corporate relevance.

Arrange your personal appointment with us.

Make an appointment / call back service

You are already receiving legal advice and would like a second opinion? In this case please contact Dr. Fiala directly via the following link.

Obtain a second legal opinion

The first telephone call about your request is free of charge.