Residential and commercial premises
A tenancy often involves more than monthly payments. I examine permitted use, maintenance and payment duties and termination terms. Residential and commercial leases partly follow different rules, so the contract type and actual agreements come first.
Businesses particularly need to consider use, duration, renewal options and licences. I assess the operating concept and allocation of risks. Residential cases often focus on preserving the tenancy and the lawful rent.
A structured approach to disputes
For defects, arrears or termination, I first secure the contract and correspondence, assess the facts and explain potential rights and reactions to avoid. Self-help eviction or unjustified payment cuts may seriously escalate the dispute.
The situation may call for agreement, a payment claim, protection against eviction or urgent relief. Settlement terms must work together in practice, including handover, payment plans, deposits and remaining claims.
Commercial leases: premises and contractual risks
For a business, a lease is often a long-term financial commitment. Permitted use, term, renewal options, indexation, operating costs and maintenance need to work together. I also review alterations, subletting, security and reinstatement obligations, preferably before the agreement is signed.
If building works, damp or technical failures affect premises, the starting points are the contractual obligations and the actual disruption. Remedies may include rectification, rent reduction or damages; termination may be available in particular circumstances. For landlords, I also assess whether claimed reductions or counterclaims are justified.
Rent control: advance advice and assessment of claims
Berlin’s rent-control rules must be considered when residential premises are re-let. The current Berlin regulation applies throughout the city until 31 December 2029. Whether the agreed rent is lawful depends, among other things, on the local comparable rent, any qualifying previous rent, modernisation and statutory exceptions.
I advise landlords on the lawful initial rent and pre-contractual disclosure duties. If a complaint or repayment demand is received, I examine the calculation, exceptions and evidence. For tenants, I assess whether the rent is excessive and which disclosure, repayment or declaratory claims may be pursued.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Please assemble the lease and amendments, notices, accounts, payment records and correspondence. For defects, provide dated photographs, a chronology and notifications. Commercial leases also require the use concept and existing licences.
Frequently asked questions
Commercial leases and use
Do you review commercial leases before signing?
Yes. I review permitted use, term, options, rent adjustments, service charges, maintenance and security. Responsibility for necessary permits and alterations is also important. You receive an assessment of the risks and proposed points for negotiation.
Is an email sufficient for a long-term commercial lease?
Section 578 BGB generally requires text form for commercial leases lasting more than one year. This does not make every email exchange a sound contract. The premises, parties, rent, term and amendments must be adequately documented. Defects in form can undermine the agreed fixed term.
Building works disrupt my business. What are my options?
The agreed use, nature and duration of the disruption and contractual allocation of risk are decisive. I assess rectification, rent reduction, damages and, where appropriate, termination. Record disruptions and notify the other party. Simply stopping all rent payments can create significant additional risks.
Can I end a commercial lease early?
An unfavourable commercial deal alone does not justify termination. Contractual break rights, the validity of the fixed term and possible serious grounds must be examined. A negotiated termination agreement may also be useful, covering payments, reinstatement, handover and security.
Do you represent landlords in rent arrears and reduction disputes?
Yes. I review the payment history, objections and requirements for further action. Depending on the case, this may involve a demand, court proceedings, termination or a workable agreement. Alleged defects and counterclaims are considered so that the amount and strategy have a sound basis.
Residential tenancies and rent control
Do you advise on lawful rent before a new letting?
Yes. I assess the classification of the apartment, comparable rent and possible exceptions, including previous rent, modernisation and disclosures required before signing. A documented calculation and complete disclosures are particularly important where rent above the general cap is intended.
Do you defend claims based on rent-control rules?
Yes. For landlords, I check the asserted comparable rent, applicable exceptions and calculation of any repayment demand. Disclosures, the tenant’s complaint, the start date and limitation can also be decisive. I assess valid claims and defend against unjustified or excessive demands.
Do you also enforce rent-control rights for tenants?
Yes. I review the agreed rent, request necessary information and prepare a formal complaint. Where claims exist, I pursue repayment of excess rent and clarification of the rent due in future. The recoverable period depends in particular on the tenancy’s start, the complaint and the course of the agreement.
Does rent control also apply to furnished apartments?
Furnishing alone does not remove rent-control protection. The type of letting, the legal scope of the rules and a supportable furnishing supplement must be examined. Calling a tenancy “temporary living” does not automatically establish an exception either. The actual contractual arrangement matters.
What matters in an index-linked residential tenancy?
For residential premises, section 557b BGB applies rent-control rules to the initial rent under the index agreement. Subsequent adjustments require a separate review of the calculation, notice and timing. A valid index clause therefore does not establish that the original rent was lawful.
Do you review service-charge statements and rent increases?
Yes, both before they are issued and when objections arise. I distinguish residential from commercial premises and review the contractual basis, allocation, calculation and relevant deadlines. For residential tenancies, increases during an existing contract and rent control at its commencement are distinct issues.
Termination, claims and handover
Do you handle termination and possession proceedings?
Yes. For landlords, I assess grounds for termination and prepare enforcement of possession claims. For tenants, I review the validity of termination and possible defences. A termination notice does not permit self-help eviction; enforcement may require a court order and bailiff.
How can deposit and handover issues be addressed?
A handover record should clearly document condition, keys and outstanding issues. I assess alleged damage, reinstatement duties and the release or application of security. A deposit cannot simply be withheld in full for every unresolved question; the specific claims it secures matter.
Which documents do you need for a tenancy review?
Please provide the complete lease and amendments, correspondence and a short chronology. Depending on the issue, payment records, statements, photographs, defect notices or previous-rent information may also be needed. Identify any deadlines and your objective: continuing the lease, resolving claims or ending the tenancy.