Good advice

The city of Lübeck has fought against the unauthorized use of residential space for tourist purposes - especially in the old town - but without success. Instead, the Schleswig-Holstein Administrative Court ruled in favor of the landlords (A 158/20). The decision took into account the so-called grandfathering, under which the use as a vacation apartment was legal at the time it was...

Tenants must pay for monitoring the correct separation of waste. This is the result of a ruling by the Federal Court of Justice (BGH; AZ: ZR 117/21). In the case in question, a residential real estate company in Berlin had passed on the costs of waste separation and smoke detector maintenance to its tenants. The tenants objected to the statement of operating costs and demanded a refund.

In future, landlords will be able to retain the deposit for longer than six months in the event of damage. This is the case if damage has occurred to the rented property and the landlord could have asserted the claim for damages before the expiry of the so-called "six-month limitation period". The landlord must also be able to prove the damage. The Federal Court of Justice has...

The ten-year speculation period for profits from property sales also applies if family members use the property. This has been clarified by the Federal Fiscal Court (AZ: IX R 13/23). A married couple from North Rhine-Westphalia had tried to avoid income tax by letting their mother-in-law live in the property free of charge. The court confirmed that this use did not qualify as...

Video recordings made in the stairwell without the tenants' knowledge may not be used as evidence in court proceedings. This is a clear violation of data protection and the tenants' personal rights. This was recently decided by the Federal Court of Justice (AZ: VI ZR 1370/20). In the case in question, a Berlin housing company had hired a private investigator...

Property owners can appeal against property tax values that are set too high. If the property tax values set by the tax office appear unrealistic, they must be given the opportunity to appeal. This is always the case if owners can credibly demonstrate an overvaluation of at least 40 percent. This was recently decided by the Federal Fiscal Court (BFH). In two...

Hedge owners whose own plants also exceed the statutory heights may not assert any reduction claims against their neighbors. This is the result of a ruling by the Frankenthal Regional Court (AZ: 2 S 85/23). In this case, this legal principle was applied due to a dispute between two neighbors in Ludwigshafen who both had hedges that were too high. One...

Resolutions on the levying of a special contribution are valid even if they do not state the exact amount. However, owners must be able to calculate this themselves. This was recently decided by the Federal Court of Justice (BGH; V ZR 132/23). In this case, a community of condominium owners wanted to conduct a lawsuit. The owners decided with...

Building acceptance is a crucial step for private building owners - it signals that the building has been completed. However, experience shows that hardly any new builds are accepted without defects. For this reason, the Association of Private Building Owners (VPB) recommends that independent experts be consulted during the acceptance process in order to identify possible defects. A formal building inspection is advisable and should...

The position of landlords in the event of terminations for personal use has been strengthened by a recent ruling by the Federal Court of Justice (BGH). The BGH ruled that landlords who want to use some of their rented apartments for professional purposes can claim this under simplified conditions. To do so, they only need to prove a notable disadvantage that would arise if the apartment were not occupied...