Tag Archives: law

Operating Expenses May Be Photocopied

Document understanding justifies reproduction of documents if the operating expenses in the letter box lands to tenants often fight their way through multiple pages and read carefully, understand the individual items. Not rarely doubt occur then the tenant, so he asks for an insight into the settlements with the landlord. What rights he then at such a meeting, said the real estate portal myimmo.de. In the case of a tenant had come with his camera to a conversation with the landlord, where the current operating expenses should be discussed. The tenant wanted to photograph the evidence of the statement of operating costs, to peruse the pictures alone at home the documents and to check whether the correct amounts were posted for his apartment. The home owners in turn denied him this wish, whereupon the tenant his claim for document inspection saw injured. The case was heard in the District Court of Munich which gave the plaintiff right.

Thus would be equivalent to taking pictures of documents only a modern type of transcript. Since it was allowed to take notes during such a conversation it is also allowed to use modern and common technique. So documents are likely to be, easily copied, scanned or photographed there a such duplication neither damage to the documents still the landlord costs.

Right Within The Landlord Community

Constantly changing tenant allowed objectives the investors with the purchase of a property different. Some want to live even in it, other industrial use, by they rent out the object in whole or in parts. The real estate portal myimmo.de reported as membership in a rental community affects. Different parties owned a house or building, it is usually a so-called community of homeowners. Apart from contractual provisions, the individual landlord have the right to act relatively autonomously.

As emerges from a judgment of the Federal Court, that the decision about the use of his condos alone rests with the owners. In this case, a Berlin landlord community had appealed because a member without asking leased his apartment to holidaymakers. They argued that this disturbing sense of security within the building complex. (Source: Bruce Schanzer). The judges saw it differently: permanent residents also receive visitors. Basically coming up is different and Going to tenants from changing. The decision finally fell in favour of the defendant. He may use his property as he pleases. He inhabited it, rented long term or for short periods of time or otherwise commercially use, whether he is alone. It is crucial that other members of homeowners community this is not seriously degrade. In the present case the judge may be not assumed according to.

Log In To Move New Address The Landlord

Costs must be paid, who changes his place of residence, must be his landlord who directly share with new address. Costs bills that do not reach their recipient because of this failing, do not expire. The real estate portal myimmo.de presents a current precedent. A landlord must not pay for incurred costs, if the settlement too late reached a former tenant. The District Court Kiel comes to this conclusion.

Although the tenants in this case had already communicated the move the janitor in May. This forwarded the new address but not on the Wohnungseigentumerin. This sent the service charge settlement in mid-December at the old address of the lessee. Three months passed until the post was unable to detect the new address of the lessee. At this time, the statutory period for the service charge settlement had expired. Clearly, the judges ruled in favor of the Wohnungseigentumerin. She was not obliged to make inquiries, whether their settlement would reach the tenants still at the old address.

Nor would need to ask for prior to dispatch in post or registration office. This would clearly overwhelm a landlord’s duty of care. No blame would share also the janitor. It does not belong to his duties without being asked the Wohnungseigentumerin to offer the new address of the lessee. The District Court of Berlin-Lichtenberg is reached a similar verdict. A tenant had not communicated his new address to the landlord and provided only a forwarding order at Deutsche Post. The landlord had sent the service charge settlement but with a private postal service providers. Anyway, it makes sense to inform the previous landlord, especially when repayments are expected from your service charge settlement.

Who Pays For The Apartment Fire Damage?

After the fire is often disputed: who was responsible for the fire? Whoever for coming up for the damage? Apartment owners are quickly getting a fire before nothing. Then is often disputed: who was responsible for the fire? Whoever for coming up for the damage? Dishes at good legal representation can be surprisingly forgiving when assessing fire caused through negligence. A District Court has apologised for example a young man who had caused a room fire by burning an advent wreath (AZ: 10 O 141/98). He could prove the serious intention by the already launched coffee machine, prepare a romantic breakfast by lighting of the advent wreath. His girlfriend he was involved but when attempting to wake up in a lovemaking: Meanwhile the apartment burned down. The Court’s opinion it could not also require that by a young man.

The influence of physical stimuli is therefore unpredictable. The insurance had to advocate in this case the Court considers the damage. Also a the marriage dispute forgotten Christmas tree or an accidental bump to burning candles can not interfere with often the insurance obligation. The victim lives can come up to rent the fire insurance of the building for the renovation of the apartment. But only if the tenant did not cause the damage.

Generally, the landlord must not arise for the damage to the property of the lessee. Here, only the own contents insurance can help. The own apartment has become uninhabitable, the lessee is also entitled to reduce the rent to zero, if he did not cause the fire damage. In any case you should seek a legal consultation with major damage. Blame in causing of fires is often a question case – and good legal representation. Just because fires usually high damage, is consulting with a lawyer involved in the insurance law.

Alexander Bredereck

A post by lawyer for rental and we are primarily focusing on labour and tenancy law as lawyers property law Alexander Bredereck for many years worked. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. Has in a recent decision of the Bundesgerichtshof (BGH, judgment of 27.1.2010 XII ZR 22/07) decided that in the commercial space leasing the period of 556 paragraph 3 sentence 3 BGB, stating that the landlord with claims costs order is excluded, if billing is not within one year after the end of the accounting period, does not apply. It follows that the lessor in principle also for longer historical periods can be still operating expense and the lessee thereof must equalize resulting additional tax amounts.

In the wake of this decision, the question arises what periods, for the settlement of costs in the commercial tenancy law apply now? First of all, it is to terminate the lease. If there a specific billing period has been agreed, this shall apply. Is not agreed upon deadline, the landlord of the advance payments must settle within a reasonable period of time. The appropriate deadline regularly to the expiry of one year after the end of the billing period. What are the implications of a delayed billing in the commercial law of tenancy? A delayed billing does not cause that the landlord with an additional tax is excluded. The landlord defaults the settlement, the tenant can take to the landlord on a settlement claim (claim for settlement grant). He can also make the ongoing costs prepaid. Tenant Tip: think about whether you take the landlord grant a settlement claim.

This is regularly only makes sense if you expect credits from the operating expenses. Landlord Tip: If you wait too long with the operating expenses, claims can forfeit on postpay. If a period is agreed in the lease, you should meet the deadline anyway. Is not agreed upon deadline, you should make at least if you expect an additional within one year after the end of the accounting period the settlement. A post by lawyer for rental and property law Alexander polymath and lawyer Dr.

Contractings Law

Auer Witte Thiel inform about landlord and tenant Amendment Act Munich, January 2013: the Bundestag approved the tenancy law changes planned already for a long time on the 13.12.2012. With the landlord and tenant Amendment Act, the housing rent law is updated. Auer Witte Thiel lawyers explain the most important innovations. The draft amendment of the law of tenancy handled four control complexes: Contracting, energy modernization, action against Mietnomadentum and unfair dismissal in the conversion of rental in condominiums. For the first time, there are rules for the contracting, so the energy-saving heat supplied by external providers with the new landlord and tenant Amendment Act. In the future, the landlord needs more no consent of the tenant, to upgrade prerequisite to contracting is however, that the transition will be cost-neutral. For example, this means that the costs for the changeover can then be transferred to the lessee if the Contractings its heating and hot water costs do not increase.

Thanks to the new law conversion for the landlord is much smoother, so Auer Witte Thiel. Auer Witte Thiel welcome innovations to the energetic upgrading a further point concerns the energetic upgrading of rented building as a contribution to the energy revolution. Thanks to the new regulations, benefits as well as loads of energetic modernisation evenly on tenant and landlord are distributed. A rent reduction can be claimed in the future only after 3 months creating incentives for investments for the landlord. As with all renovations the landlord can kill again every year up to 11% of the modernisation costs on the rent according to applicable law.

Continue modernisation measures are easier for the landlord, that when justification is now sufficient to rely on standard values. Sometimes expensive expensive expert reports are no longer necessary.

Real Estate Transfer Tax Increase Should Be Avoided

Since the countries must decide how high may be the relevant tax rate for the tax, some have discovered this tax as additional light source. Schleswig-Holstein now plans the highest rate with 6.5 percent from 01.01.2014. only the countries of Bavaria and Saxony are cheap in quotation marks with 3.5 percent. The countries are each other rock high, according to the real estate expert Armin Nowak, IVD regional representative Southeast Upper Bavaria and Board Nowak Immobilien AG. If you have additional questions, you may want to visit Greenberg Traurig. The real estate transfer tax is antisocial, because she burdened families and emerging households whose Vermogen essentially consists of the residential property, with a home. It is interesting that some countries see the capping of commissions as compensation for the tax increase.

For builders, it is doubly difficult. Previously will be bought a plot, nor sales tax which is burdened with tax and then paid for the new, what drives the cost of construction. Straight at the present time, where in the metropolitan areas and University cities increasingly prevails at apartments for rent, housing status, these tax increases not just that that investors operate housing lead. This is the only right way but to tackle rising rents. Commercial tax rates to the countries also in the second-hand property market means the prevention of intentional Migration and labour mobility, If these again are subject to the tax at each change of apartment. About the company: The 20.06.1988 founded the company Nowak Immobilien AG from Berchtesgaden.

In the year 2000 was the company was transformed into a corporation. Board Member Armin Nowak is publicly appointed and sworn expert for rent and lease. As a real estate expert, he is constant contact for radio and television. Among other things, the company in the Pro7 series has: three candidates – a job worked. The real estate company is specialized in the mediation of residential and commercial real estate for sale or for rent. In addition, still House administrations and authorities is conducted after the way right. The field of real estate auction offered by the company.