Tenancy law Augsburg
Tenancy Law in Augsburg – Your solicitor for rent increases, termination of tenancy and rent reductions
Whether it’s an unjustified rent increase, an incorrect utility bill or a notice of termination for personal use – when it comes to tenancy law, tenants and landlords in Augsburg often face complex legal issues. As a law firm in Augsburg, we advise both parties and enforce your rights either out of court or before the Augsburg Local Court. Around half of all utility bills contain errors – we’ll find them.
Rent increases in Augsburg – when they are permitted and when they are not
A rent increase must be correct in both form and substance; otherwise, it is invalid. The landlord may increase the rent to the local comparative rent (Section 558 of the German Civil Code) and must justify this on the basis of the Augsburg rent index, an expert opinion or comparable properties. The rent may not rise by more than 20% within a three-year period (cap). In Augsburg, we check whether your rent increase meets the legal requirements.
Termination of a tenancy agreement – owner’s personal use, termination without notice and your rights
The termination of a tenancy is subject to strict conditions. Landlords must have a legally recognised ground for termination – most commonly, personal use (Section 573(2)(2) of the German Civil Code). Tenants can defend themselves under the social clause (Section 574 of the German Civil Code) if the termination would cause undue hardship. In Augsburg, we defend your tenancy rights and scrutinise every notice of termination for formal and substantive errors.
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Rent reduction and utility bills – your rights as a tenant
Defects in a rented property entitle you to a rent reduction; you are not obliged to accept incorrect utility bills. In both areas, we help tenants in Augsburg to assert their rights – and advise landlords on how to avoid mistakes.
Rent reduction due to defects – mould, noise, heating failure
As soon as a defect affects the suitability of the flat for habitation, the rent is reduced by law (Section 536 of the German Civil Code). This requires a written notice of the defect to be sent to the landlord. The rate of reduction depends on the severity of the defect: for mould in the bedroom, 10 to 20% is standard; for a total heating failure in winter, up to 100%. We will enforce your right to a rent reduction and document the defect in a manner that stands up to legal scrutiny.
Checking your service charge statement – deadlines and common mistakes
The landlord must send the utility bill within twelve months of the end of the billing period (Section 556(3) of the German Civil Code). If it is sent too late, additional claims can no longer be made. Common errors include incorrect allocation keys, costs that cannot be allocated (e.g. maintenance reserves under the German Condominium Act) and missing receipts. In Augsburg, we check your statement item by item.
Security deposits and cosmetic repairs – common points of dispute
Disputes over security deposits and cosmetic repairs are among the most common conflicts in tenancy law. In recent years, the Federal Court of Justice has declared numerous clauses to be invalid – many landlords and tenants are unaware of the current legal situation.
Deposit – Refunds and Limits
The rent deposit may not exceed three months’ net rent excluding service charges (Section 551 of the German Civil Code). The landlord must keep the deposit separate from their own assets. Once the tenancy has ended, the landlord has a reasonable period in which to review the deposit – usually three to six months – after which they must settle the account and return the deposit. We enforce the repayment of the deposit in Augsburg if the landlord takes an unreasonable amount of time or makes unjustified deductions.
Cosmetic repairs – spotting invalid clauses
The Federal Court of Justice (BGH) has ruled that rigid timetables for cosmetic repairs are invalid (BGH VIII ZR 185/14). Clauses such as ‘kitchen and bathroom at least every three years’ are void. Furthermore, the obligation to carry out cosmetic repairs on a flat taken over in an unrenovated state is invalid if no reasonable compensation has been provided. Many tenants carry out unnecessary renovations when moving out – we’ll review your tenancy agreement and save you the costs.
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This information does not constitute legal advice in individual cases.
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