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you understand your charge settlement? The Tenant Assistance Association helps!

- counseling centers in Aschaffenburg and brand new in Dieburg -

The experience of the Tenant Assistance Association show that almost no tenant understands the high cost of payroll, much less than this check correctly. But many landlords there is uncertainty about whether to use his utility costs actually all required statutory provisions. Therefore one can assume that almost every other utility bill is wrong. Operating or maintenance fees are costs to be levied by the landlord, besides the actual rent the tenant. These are directly related to the leased property. The tenant has committed itself under the lease expressly rule on the acquisition of this property charges.

Those operating costs, which can make the landlord claims are either contracted and / or regulated by law. Among other things, the landlord can request the following charges by the tenant: water, heating and hot water supply, lift, street cleaning, refuse collection, garden maintenance, building insurance, janitorial costs.

power of the landlord (additional) costs claimed that were not expressly agreed in the lease, the tenant must pay these may not be. Something else may be true, if the tenant agrees to the acquisition of the additional costs have been added. The tenant provides the landlord a monthly cost of advance payment that is based on the likely expenditure incurred. For the advance payments for operating costs of the lessor to charge a year. The settlement is the latest tenant to inform one year after the end of the billing period. After this period the owner a claim may in principle not claim.

As part of the tenancy matters in relation to dismissals, the enforcement or defense, claims for damages and rent increases at the forefront of consulting eV by the tenant This advice applies equally to the living room, and the business premises leases. Also the issue of cost accounting is, today, in times of rising prices for energy supplies a burning issue for both tenants and for landlords.

employment protection against dismissal of the landlord for example, can intervene when received by the written notice is given, without notice, if the Landlord is not all tenants has terminated or if the Event of Default does not exist. The lessor may at any time to the right of extraordinary termination, if the conditions above. Whether a landlord may terminate with immediate effect is often to examine closely.

eviction

quasi downside protection to the termination of the tenant side, the eviction of the landlord. If the landlord to the tenant terminated ordinary or extraordinary, is the tenant this notice is not complied with and is still housed in the apartment so the landlord can sue for eviction.

A very hot topic If the mold infestation in apartments dar. The track record shows that go back nearly 70% of the defects of a rented property to a mold infestation. Under the Act a dwelling is defective if it has a defect that would cancel their suitability for the contractual use, if it lacks a guaranteed property or when such property ceases later. The mold infestation is generally considered as a defect in the accommodation by § 536 I BGB. Since this subject for medical, legal and building biological aspects to it should definitely advise the tenant assistance eV are used.

rent reduction for lack of the rented

The role of the landlord is to keep the leased property during the rental period in the state that corresponds to the rental agreement. the leased property during the rental period deteriorates, so does a lack of rental property, it is the duty of the tenant to the landlord to report the defect to an even greater damage can be prevented and the landlord receives the opportunity to correct the existing deficiency.

respond, the landlord of the tenant to the light indicator does not, is the tenant the right to reduce the rent. The amount of the reduction, the courts have an extensive case law developed. The right to an abatement of rent may go so far that the tenant is exempt from the obligation to pay rent.

claims against the power of the tenants submitted objections charge settlement, they must be made in time closer connection with the receipt of the statement. This would cause a forfeiture of the claims of the tenant. Also, the tenant may in turn require cash in advance payments by the landlord charges.

In all the cited issues, who want to be called only by way of example, you have a counseling center in rental assistance eV at your side, regardless of whether you rent living space or that have rented. In Doubt, you should always check the operation can actually help the tenant eV, for it is in spite of the above decision very possible that the payment in arrears of commercial landlord in the meantime however no longer enforceable. So check first, then bring additional payment for an annual fee (!) From only 72 € for the full consulting professionals can assist the services of the tenants eV to complete. contrast, only individuals pay an annual fee of € 47.00

The association is a self-help organization of tenants, subtenants and tenants of its members advice and assistance in housing, rental and tenancy matters are for domestic objects lying. The association operates nationwide and has established for its members in the Federal Territory advisory bodies. The tenant assistance eV towards the improvement of existing housing and rental law and takes measures to the legislation are relevant.

Photo: Dirk Witteck lawyer. Head of the Information Centres of the Tenants Association assisted in the regional court districts of Aschaffenburg and Damstadt.

tenant assistance eV

counseling Aschaffenburg

adhesive 6-8

63739 Aschaffenburg Phone: 06021/365816

http://www.aschaffenburg-city.de/

tenant assistance eV

counseling Dieburg

stock Strasse 49

64807 Phone: 06071/9816816

http: / / www.dieburg-city.de/

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calculation of the charges for rent must be made within one year of rent reduction due

The calculation of the charges for rent must be made within one year. This period has emphasized, in the Federal Court (BGH). The period can not be extended, the period beginning will not be rescheduled (Az: VIII ZR 84/07) The time limit extended. also not when the accounts are incorrect or unintelligible form and the tenant has allegedly been declared ready for the demands bezahlen.Die one-year grace period is to ensure, according to Supreme Court for legal certainty and clarity "in the relationship between landlords and tenants. Accordingly, they must not conflict with the law on limitation periods in the beginning.

tenant assistance eV

counseling Aschaffenburg

adhesive 6-8

63739 Aschaffenburg Phone: 06021/365816

http://www.aschaffenburg-city. de /

tenant assistance eV

counseling Dieburg

stock Strasse 49

64807 Phone: 06071/9816816

http://www.dieburg-city.de/

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© nw-foto/PIXELIO ; http://www.pixelio.de/

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living space below.

No additional limit at "about" addition.

The Federal Court has decided on 13/03/2010 that in calculating the rent reduction due to shortfall in the rental agreement the designated floor space is also taken into account then no additional tolerance threshold, where the floor area specified in the contract a "ca" additive contains.

The plaintiffs were tenants of an apartment until the end of 2007 the defendant in Aachen. The apartment size is in the lease with "100 m" is specified. The monthly rate of rent was last around 500 €. In January 2008, called for the tenant to the landlord to repay in the years 2002 and 2007 unpaid rent and justified this by saying that the apartments have only a floor space of 81 square meters.

The district court ruled in favor of the repayment of € 6,800 directed action in part and dismissed the remainder. The appeal of the tenants rejected the district court and thereby take the view that the reduction is not from a living area of 100 square meters, but in regard to the "about" entry The Treaty does from an area 95 square meters to be calculated.

directed against the revision of the tenants were successful. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that the relativizing suffix "ca" for the calculation of the rent reduction (§ 536 para 1 BGB *) shall have no meaning. The reduction is to compensate for the reduction of serviceability.

follows that the amount of the reduction amount shall be equal to the circumference of the deficiency. The defect lies in the fact that the living space more than ten percent of the specified number of square meters is different. Thus, the Federal Court confirmed its earlier rulings that the deviation from an agreed upon as a quality living space by more than ten percent to the detriment of the tenant constitutes a reduction to the qualifying defect.

This applies to the case law of the Federal Court, even if the lease to the size of floor space contains only one "about" statement (see, eg, Judgement of 22 April 2009 - VIII ZR 86/08, Press release No 85/2009).

with its latest decision makes clear that the relativistic addition of "approximately" also in the calculation of No additional reduction tolerance threshold (as in this case by the district court accepted five percent) justified. The case has been remanded to the district court, because more observations are taken for the actual size of homes, taking into account a terrace area.

* § 536 BGB: rent reduction for material and legal defects - If the leased property at the time of delivery to the tenant a defect that would cancel their suitability for contractual use, or arises during the rental period, such a defect, the tenant for the period in which the fitness is repealed, exempted from the payment of rent. For the period during which the fitness is reduced, he has to pay only a reasonable bargain rent. Minor reductions in fitness is not considered.

tenant assistance eV

counseling Aschaffenburg

adhesive 6-8

63739 Aschaffenburg

Phone: 06021/365816

http://www.aschaffenburg -city.de /

tenant assistance eV

Help Desk Dieburg

stock Strasse 49

64807

Phone: 06071/9816816

http://www.dieburg-city.de/

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The limitation period for issuing the charge settlement does not apply to commercial leases!

This Supreme Court decision want attorney Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts Aschaffenburg and Darmstadt point explicitly.

This decision has been settled, the court clearly ambiguities, in which he in his decision of 27.01.2010, Az XII ZR 07/22 makes clear that a limitation period is only valid in the area of residential tenancy agreements.

Unless the commercial rental to the rental charge and the assumption of costs is agreed between parties to the lease, the landlord must not take into account the time limit provision of § 556 III BGB.

From the reference in § 578 BGB derives, according to Federal Court of Justice clearly that § 556 III BGB for commercial leases is not relevant. An analog application differs from a lack of presence of anti-plan loophole.

has the same time, the Supreme Court but also noted that the commercial landlord nevertheless can not forever take time, so let's review the process more specifically that of the tenant assistance eV, for it is in spite of the above decision very possible that the payment in arrears of commercial landlord in the meantime however no longer enforceable. So check first, then bring additional payment because of a full annual fee (!) From only 72 € the Consulting professionals can take the services of the tenants association in support claim.

Photo: lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt

tenant assistance eV

counseling Aschaffenburg

adhesive 6-8

63739 Aschaffenburg

phone: 06021 / 365 816

tenant assistance eV

counseling Dieburg

stock Strasse 49

64807 Phone: 06071/9816816

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own use termination for niece / nephew possible!

would like in this Supreme Court decision indicates lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt explicitly.

Who wants to use his apartment as a landlord happy for his children or close relatives, may terminate the right of personal use in a privileged relationship tenancy form and on time.

ruled At least, the Supreme Court on 27.01.2010, VIII 159/09

After that decision, including nieces and nephews of the landlord and the degree of relationship between § 573 II No. 2 BGB. Substance

this decision, the Supreme Court so that finally in the Code of Civil Procedure and the Code of Criminal Procedure entitled to that same degree of relationship an evidentiary privilege to her uncle / aunt would.

has, however, the tenant lawyer Witteck assistance eV indicates that there are ways to make a tenant to avoid termination own use contractual agreements. This, you can help the tenant eV and lawyer Witteck available.

Photo: lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt

tenant assistance eV
counseling Aschaffenburg
adhesive 6-8
63739 Aschaffenburg
Phone: 06021/365816

tenant assistance eV
counseling Dieburg
stock Strasse 49
64807
Phone: 06071/9816816

BSZ ® - Top List rental and condominium law

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rent reduction in living space below: Agreement of the living space by making arrangements in advance of conclusion

the Federal Court today ruled that a lack of rented accommodation due to a surface deviation also present then, if the written rental agreement contains no reference to the living space.

rented In the case decided by the applicant from the respondent a penthouse apartment in Mannheim. The written rental agreement contains no information on the size of the dwelling unit can be used in the document is not planned. The apartment had been offered by a real estate broker with the following ad in the newspaper: "MA-Waldhof, 3 ZKB-DG, balcony, about 76 m², parquet, fitted kitchen, DM 890, - + NK". Before signing the tenancy agreement the tenant is a plan map and a detailed calculation of floor space were given in which the total size of the 76.45 square meters apartment is shown. The tenant has on the ground that the apartment had only made a living area of 53.25 square meters, including the reimbursement claims of unpaid rent. The district court ruled in favor of action for payment in part. The district court dismissed the appeal of the defendant the action.

directed against the revision of the tenant was successful. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that, given the events up to the signing of the lease alone the lack of information on the size of homes in the Treaty text, were there not also be provided not taken possible that the parties at the conclusion of the Treaty concerning the living did not want to bind the contract. The Court of Appeal determined if circumstances allow rather suggest that the parties in the written agreement of both parties have concluded the obvious notion of agency, the apartment, to the previously specified living space. This is an implicit agreement about the size of homes. If - as in the case decided - a living space shortfall is more than ten percent before, this leads to a reduction in rent pursuant to § 536 BGB * (established case law, see, most recently, on 10 March 2010 - VIII ZR 144/09, Press Release No. 53/2010).

The case has been remanded to the district court, because other observations arise, inter alia, to the landlord to offset operating costs made additional claims.

* § 536 BGB: rent reduction for material and legal defects

If the leased property at the time of delivery to the tenant a defect that would cancel their suitability for contractual use, or arises during the rental period such a defect, then the tenant for the time when the medical fitness is revoked, free from payment of rent. For the period during which the fitness is reduced, it only has a reasonably cheap Rent payable. Minor reductions in fitness is not considered.

Case of 23 June 2010 - VIII ZR 256/09

AG Mannheim - Case of 7 November 2007 - 17 C 460/06

LG Mannheim - Case of 24 September 2008 - 4 S 189/07

Source: Release No. 128/2010 dated 23 June 2010, the press office of the Federal

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Federal Court on the use of rent levels Apartment for rent increases

The Federal Court today ruled on a rent increase application, having regard to the landlord of his desire for a neighboring city has created rent index, of the local tenants' association, the local House and grounds qualities Hallows Association and the Mayor's office has been created together.

The defendant is the tenant of a dwelling of the applicant in Backnang. In that action requires the landlord to agree to a rent increase to € 76.69 per month. The calculation of the rent, the landlord the rent index of the neighboring town of Schorndorf based on this and arguing that this is a trade with the Backnang comparable community. The district court has upheld the application for appointment of an expert with recovery of the rent index for Schorndorf. The district court dismissed the appeal of the tenant.

directed against the revision of the tenant had no success. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Federal Court held that the landlord has properly stated its rent increase request in accordance with § 558a BGB *. The reference to the rent index of the neighboring town of Schorndorf was sufficient, because no rent index for the city of Backnang been created, and because both cities, as the experts pointed out, similar to others in terms of rent levels are. The Federal

has also held that even after the introduction of qualified rent index (§ 558d BGB ***) by the Tenancy Reform Act of 19 June 2001 may be easier to rent index (Civil Code § 558C **) the sole basis of the court determining the incumbent local comparative rent. Although the simple rent index is not reserved to the qualified legal presumption of Rents to the effect that the rent index in the charges referred to the customary reference rent reflect applicable (§ 558d Abs 3 BGB). The rent index is a simple but an indication for this assumption dar. This is true even if the basic rent index, was created as in the case decided, not by the community, but together stakeholders from the tenant and landlord. Whether this indicative effect in a particular case is sufficient to prove the local standard of rent charged depends on what the tenant objections against the realization value of the rent index rises. Does he substantiated instance, that the authors have it lacked the necessary expertise or they would be guided by irrelevant considerations or inadequate data used, the court must investigate the. Then remain skeptical about the reliability of the rent index, then the indicative effect is shaken. The landlord must then take other evidence for his claim that the rent demanded that he lay within the local comparative rent.

In the case decided, however, the tenant has raised no objections by the evidence of the effect - simple - rent index for Schorndorf has been shaken. The District Court has thus rightly based on these rent levels and established the local custom of the landlord to demand rent. * § 558a BGB

: Form and justifying the rent increase
(1) The rent increase request under § 558 is the tenant to explain in writing and justified.
(2) In support of particular terms can be made to
first a rent index (§ § 558C, 558d), 2nd
some information from a Mietdatenbank (§ 558e), third
a reasoned opinion of a publicly appointed and sworn expert,
4th appropriate charges for individual comparable homes; this is enough of the appointment of three apartments.

** BGB § 558C: Rents

(1) The rent index is a summary of the customary reference rent, if the survey has been by the municipality or of interest to representatives of the landlord and the tenant jointly created or recognized.
(2) Rents can be created by municipalities to the territory of a municipality or several municipalities or for parts.
3) Rents are at intervals of two years of market development to be adapted.
(4) Municipalities should create rent index, if the need arises and this is possible with reasonable effort. The rent index and its changes should be made public.

*** § 558d BGB: Qualified

Development Areas (1) A qualified rent index is a rent index, which was based on recognized scientific principles and accepted by the community or of interest to representatives of the landlord and the tenant.

(2) The rent index is qualified in every two years to adapt to market trends. Here, a sample or the development it will be determined by the Federal Statistical Office price index for the standard of living of all private households in Germany used. After four years of the rent index is qualified to rebuild.
(3) If compliance with the provisions of paragraph 2, it is believed that reflect the charges referred to the rent index in the qualified local comparative rent.

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Judgement of 16 June 2010 - VIII ZR 99/09

AG Backnang - Case of 14 March 2008 - 4 C 581/07
LG Stuttgart - Case of 25 March 2009 - 5 S 123/08

Source: Communication No 122/2010 of 16 June 2010, the press office of the Federal

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tenant must be given the option by the landlord to be able to perform cosmetic repairs itself!

This Supreme Court decision, lawyer Dirk Witteck, director of counseling services in rental assistance eV in the regional court districts Aschaffenburg Darmstadt and point explicitly.

09.06.2010 has the 8th Civil Division of the Supreme Court held that tenants may be required under a tenancy agreement but to carry out cosmetic repairs. The landlord, the duty owed by him but only so pass on to the tenants, as they must be afforded the right to carry out minor repairs themselves.

In the case decided by the Supreme Court stated in the lease there, "to be executed!"

The tenant should then be forced tenancy agreement that you have them in camera Selbstvornahmemöglichkeit, the work required by third parties (subject firm). The

is the BGH now oppose it.

If the tenant the option of making the cosmetic repairs on their own power - if necessary by consulting relatives and acquaintances taken, the passing of this work an unreasonable deprivation of the tenant dar. cosmetic repairs are - whether they are the tenant or the landlord must carry out - only professionally in average kind and quality to perform. This does not necessarily require the retention of a professional firm.

Judgement of 9 June 2010 - VIII ZR 294/09
AG Munich - Case of 9 Dezember 2008 - 453 C 4014/08
LG München I - Case of 30 September 2009 - 15 S
6274/09 (published in NJW 2010, 161)

Therefore, the tenant must advise counsel:

Let your lease necessarily illegal clauses and obligations in a counseling center in rental assistance check eV. Only you can protect yourself against unauthorized use by your landlord. Keep in mind also that are chosen just in the so-called beauty staring repair clauses, and the maturity of leases often illegal agreements by landlords.

Photo: Dirk Witteck lawyer, head of counseling services in rental assistance eV in the regional court districts of Aschaffenburg and Darmstadt

tenant assistance eV
Help Desk
Aschaffenburg Aschaffenburg district for the LG
adhesive
6-8 63739 Aschaffenburg
Phone: 06021/365816



tenant assistance eV
counseling Dieburg
for LG Darmstadt District
stock Strasse 49

64807 Phone: 06071/9816816

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residential tenants are entitled to adequate power supply!

This applies even if the lease is drafted in inadequate facilities.

tenants is in the opinion of the Supreme Court a right to reduce the side when the lease property not because of insufficient power supply is fully utilized. A Clause in the lease that states the financial instruments may be used only if the existing electrical installation is sufficient for breach of § 307 BGB.

The tenant must be able, even in aged buildings, to simultaneously use a number of typical household electric appliances.

The Federal Court with the ruling of 10.02.2010, Az VIII ZR 343/08 its case, which was founded in 2004 confirmed (cf. BGH NJW 2004, 3174).

help you in case of dispute the tenant assistance eV quickly and effectively in the review and recommendation to reduce the rent. This Supreme Court decision makes law Dirk Witteck, Director of two advisory bodies of the Tenant assistance eV attention.


tenant assistance eV
counseling Aschaffenburg
for LG District Aschaffenburg
adhesive 6-8
63739 Aschaffenburg
Phone: 06021/365816

tenant assistance eV
counseling Dieburg
for LG Darmstadt Region
stock Strasse 49
64807
Phone: 06071/9816816

© Thomas Reiff / PIXELIO http://www.pixelio.de/
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