Guido Jacobs
Specialist solicitor for Tenancy Law
Real estate law and in particular tenancy law regulates the law of the housing leases, the right of commercial leases and the right to lease. Due to ongoing judicial legal training, tenancy law is a very dynamic area of law, which is why it requires the care of a continuously trained specialist lawyer for your optimal advice.
Even when buying real estate, there are far-reaching design requirements and options. Already in the run-up to a transaction, we carry out a legal due diligence for you to determine the legal risks and development possibilities. In addition, we arrange all the necessary contracts for the execution of the transaction: purchase agreements, sale and leasebeck agreements, sale and leaseback agreements, articles of association or contracts for the brokers and consultants involved in the sale process. In this cases, there are meaningful links with our corporate law department.
Right of Tenants
For the tenant, his rented apartment represents the central place of his life, which enjoys the constitutional protection of inviolability. For the commercial tenant, the lease of his business premises represents a central pillar of his economic activity. The tenant has an enforceable right to the use of the rooms in faultless condition during the entire rental period. If this claim is not fulfilled, the renter can react with reduction of rent or replacement. Before that, however, he should seek advice from a lawyer, since any reduction in rent carries the risk that it will later be determined that the reduction was set too high. This can quickly cause a reason for termination. Even with regard to allegedly excessive utility and service bills, a legal dispute can be quickly prevented by our legal advice and mediation.
Right of Landlords
Landlords often invest a large amount of their liquid assets in the acquisition, renovation, maintenance and management of their property. Particularly in the case of financed real estate purchases, falling rents can therefore quickly lead to existence-threatening financing gaps, which is why legally compliant and optimized leasing agreements and efficient receivables management are of key importance to them. However, good leases are also relevant for the subsequent sale of rental properties because any weaknesses in a potential due diligence performed by the potential buyer would be uncovered and negatively impact the sale price. In addition, landlords are often faced with a nerve-wracking and financially-straining “small-scale war” with insolvent or unwilling tenants, which not least can also significantly reduce the general peace of the house and thus the well-being of all other residents. Since the formal and substantive requirements for (personal use) dismissals are very strict, dismissals that are set up without legal advice usually only lead to a fee-based rejection of the eviction action. In addition to the design of rental and lease agreements, we therefore advise you on any legal issues arising in connection with the operation and use of your property and create the necessary contracts such as the property manager or facility management contracts.
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