Practice area
Tenancy & Residential Property Law
Legal advice in Trier and the border region
Termination and Eviction: What Landlords Need to Know
Termination of a tenancy agreement is only possible under strict conditions. Ordinary termination (ordentliche Kündigung) due to personal use (Eigenbedarf) or serious breach of contract must be formally correct – errors in the notice of termination can lead to invalidity. Extraordinary termination without notice (fristlose Kündigung) due to rent arrears requires the tenant to be in arrears with at least two months' rent. We examine your notice of termination for legal certainty and represent you in eviction proceedings (Räumungsverfahren).
- —Ordinary termination (personal use, breach of contract)
- —Extraordinary termination without notice due to rent arrears
- —Formal requirements for the notice of termination
- —Eviction action and enforcement (Räumungsklage und Vollstreckung)
- —Tenant's objection to termination (Widerspruch des Mieters gegen die Kündigung)
Rent Increase: What Is Permissible and What Is Not
Landlords are allowed to increase the rent, but not arbitrarily. In residential tenancy law (Wohnraummietrecht), the rent cap (Kappungsgrenze) applies: 20 percent within three years, in many cities only 15 percent. The rent increase must be justified, for example by reference to the local comparative rent index (Mietspiegel). If the justification is missing or the rent cap is exceeded, the increase is invalid. We examine rent increase demands for admissibility – for landlords and for tenants.
- —Rent increase to the local comparative rent (ortsübliche Vergleichsmiete)
- —Rent index (Mietspiegel) Trier and surrounding area
- —Rent cap (Kappungsgrenze) and rent brake (Mietpreisbremse)
- —Modernization rent increase (Modernisierungsmieterhöhung)
- —Rent increase in commercial tenancy law (Gewerberaummietrecht)
Operating Costs: Common Errors and How to Avoid Them
Operating cost statements (Betriebskostenabrechnungen) are prone to errors. Common mistakes: incorrect allocation keys (Umlageschlüssel), non-allocable costs, missing receipts, expired billing periods. The billing deadline is twelve months after the end of the billing period. Anyone who bills too late loses the claim for additional payment. We review operating cost statements for landlords and tenants.
- —Review of the operating cost statement
- —Allocable and non-allocable costs
- —Billing deadlines and limitation periods (Verjährung)
- —Inspection of receipts and objection
- —Claim for additional payment or refund
Commercial Tenancy Law: Different Rules, Greater Freedom of Contract
In commercial tenancy law (Gewerberaummietrecht), the principle of freedom of contract applies more strongly than in residential tenancy law. Many of the protective provisions for residential tenants do not apply here. This means contracts must be drafted carefully, because what is written inside applies. We advise on the drafting and review of commercial lease agreements, extension options, index clauses, and disputes regarding maintenance obligations (Instandhaltungspflichten).
- —Drafting and review of commercial lease agreements
- —Extension options and termination rights
- —Index clauses and stepped rent (Staffelmiete)
- —Maintenance and repair obligations (Instandhaltungs- und Instandsetzungspflichten)
- —Termination and eviction in commercial spaces
Frequently asked questions
Can I terminate as a landlord due to personal use (Eigenbedarf)?
Yes, but the requirements are strict. The personal use requirement (Eigenbedarf) must be serious, reasonable, and comprehensible. Fictitious personal use leads to liability for damages. The notice of termination must specifically name the persons for whom the property is needed and the reason. Formal errors render the termination invalid.
Am I allowed as a tenant to reduce the rent (Mietminderung)?
Yes, if there is a defect that significantly impairs the suitability of the apartment. However: You must first report the defect to the landlord and give them the opportunity to remedy it. And the reduction percentage must be appropriate. Excessive reductions can lead to termination.
How long does the landlord have to return the security deposit (Kaution)?
There is no statutory deadline, but case law generally accepts three to six months. The landlord may retain a portion if they have claims, for example due to damages or outstanding operating costs. Retentions must be justified.
What to do if the tenant does not pay?
First, issue a written warning (Mahnung) and set a payment deadline. In the event of arrears equal to two months' rent, immediate termination without notice is possible. If the tenant pays after termination but before service of the eviction action, the termination becomes ineffective. We recommend acting quickly and seeking legal advice.
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