Rent increases in Augsburg and the 15 % cap
The landlord may demand consent to an increase to the local comparable rent once the rent has remained unchanged for 15 months (§ 558(1) BGB). The demand must be made in text form and justified by reference to a rent index, a rent database, an expert opinion, or at least three comparable flats (§ 558a BGB).
In Augsburg the lowered cap applies: within three years the rent may rise by no more than 15 % instead of 20 % (§ 558(3) sentence 2 BGB, annex no. 7.1.1 of the Bavarian Tenant Protection Ordinance). On a new letting the rent may not exceed the local comparable rent by more than 10 % (§ 556d(1) BGB, the rent brake). We calculate both limits for your contract.
Notice for the landlord’s own use and termination without notice
Ordinary notice by the landlord requires a legitimate interest. This is usually the landlord’s own use for themselves, family members or members of their household (§ 573(2) no. 2 BGB). The grounds must appear in the notice letter itself (§ 573(3) BGB). Only grounds that arose later may be added afterwards.
The landlord may terminate without notice for payment default. The arrears must cover two consecutive due dates and amount to a not insignificant part of the rent, or reach two months’ rent (§ 543(2) sentence 1 no. 3 BGB). If the tenant pays within two months of the eviction claim becoming pending before the court, this termination without notice becomes ineffective (§ 569(3) no. 2 BGB).
The tenant can object to an ordinary notice and demand continuation of the tenancy where ending it would amount to an unjustifiable hardship (§ 574(1) BGB). The objection must be made in text form no later than two months before the tenancy ends (§ 574b BGB).
Where a let flat is converted into condominium ownership, the acquirer may not give notice for their own use in Augsburg for ten years (§ 577a(2) BGB, § 1 sentence 2 of the Bavarian Tenant Protection Ordinance).
Reviewing rent reductions and service charge statements
A defect in the flat reduces the rent by operation of law, and a late service charge statement cuts off additional claims. Both rights depend on deadlines and evidence. We enforce them for tenants and review the statement itself for landlords.
Rent reduction for mould, noise and heating failure
Where a defect removes the flat’s fitness for the contractual use, the rent is not owed for that period; where fitness is merely reduced, the tenant owes an appropriately reduced rent (§ 536(1) BGB). This happens by operation of law. An insignificant reduction in fitness is disregarded.
The tenant must notify the landlord of the defect without delay (§ 536c(1) BGB). No particular form is required. If notice is not given, the tenant is liable for any resulting damage (§ 536c(2) BGB). We secure the nature and duration of the defect before you reduce the rent.
Deadline and typical errors in the service charge statement
The statement must be given to the tenant by the end of the twelfth month after the end of the accounting period at the latest (§ 556(3) sentence 2 BGB). After that the landlord is barred from additional claims, unless they are not responsible for the delay (§ 556(3) sentence 3 BGB).
Common errors are an incorrect allocation key and missing receipts. Administrative costs and the costs of maintenance and repair are not chargeable under § 1(2) BetrKV. In Augsburg we check your statement item by item.
Deposit and decorative repairs when moving out
Deposit and decorative repairs turn on the wording of the tenancy agreement. The Federal Court of Justice has declared standard-form renovation clauses invalid in several rulings, including for flats handed over undecorated without reasonable compensation. We review the contract text before you paint or settle accounts.
Amount and repayment of the deposit
The security may amount to no more than three times the monthly rent, excluding the service charge advance or lump sum (§ 551(1) BGB). The landlord must invest the sum separately from their own assets (§ 551(3) BGB).
After the tenancy ends the landlord is entitled to a reasonable period to assess matters. Its length depends on the circumstances of the individual case and can exceed six months (Federal Court of Justice, judgment of 18 January 2006, VIII ZR 71/05). There is no statutory deadline. We enforce repayment where the landlord delays without reason.
Invalid clauses on decorative repairs
Rigid timetables in standard-form tenancy agreements are invalid (Federal Court of Justice, judgment of 23 June 2004, VIII ZR 361/03). A clause requiring the kitchen and bathroom to be painted at least every three years obliges the tenant beyond the actual need for renovation and disadvantages them unreasonably (§ 307 BGB).
The standard-form transfer of ongoing decorative repairs is likewise invalid where the flat was handed over undecorated or in need of renovation (Federal Court of Justice, judgment of 18 March 2015, VIII ZR 185/14). This requires that the landlord granted no reasonable compensation. We review your clause before you move out.
Further information
These topics may also be of interest:
This information does not constitute legal advice in an individual case.
