Real Estate & Investments
Property management and renting
Property management and renting
Property and condominium management
If you rent out residential or commercial space, it is usually sensible and necessary to hire a property management company. If your property is part of a condominium community (WEG), the management of your individual property is carried out by an individual property management company (SEV), while the management of the common property of the WEG is carried out by the WEG management.
We can check and advise on the signing of SEV contracts. We can assist you and your SEV in questions of condominium law, tenancy law, legal succession, and public law (misappropriation, milieu protection, building law).
Condominium law
When you acquire residential property or partial ownership thereof, you automatically become part of a condominium community (WEG). The rules of condominium communities can be found in the Condominium Act (which is also abbreviated to “WEG”), in the declaration of division of the WEG (which contains the community rules), and in the WEG resolutions. The rules concern the rights and duties of the WEG administration and of the condominium owners among themselves, as well as the procedures for passing WEG resolutions.
In questions concerning the WEG, the WEG administration should be the first point of contact, as it runs and represents the affairs of the WEG. Legal assistance is necessary and useful when questions are difficult or contentious and the right course of action must be determined. Is the consent of the WEG administration or the condominium owners required? If so, which resolution proposal is appropriate? Can a resolution be successfully challenged? What rights does the WEG have vis – à – vis third parties (e.g. neighbours, utilities, construction companies) or vis – à – vis individual condominium owners or the administration?
We would be happy to advise you — whether as a condominium owner, condominium management, or condominium association — and to protect your rights according to condominium law out of and in court. It would be helpful to provide us with relevant documents (declaration of division, if applicable WEG minutes, purchase agreement, correspondence) in advance as PDF files. Within the scope of the mandate, however, we can also request documents from third parties (WEG administration, notary, land registry).
Tenancy law
If you acquire rented real estate in Germany, you automatically enter into existing tenancy agreements along with your ownership (§ 566 BGB). In this case, the review of the tenancy agreement and our advice on it are part of the necessary legal due diligence at the time of acquisition, so that you can make a reliable forecast of the expected rental income and be aware of the costs and possible problems as well as of your rights and obligations in connection with the tenancy.
In the case of new leases, we can draft and review the lease agreement, as needed in multiple languages. If necessary, we can represent and advise you in negotiations and monitor the effective conclusion of the contract as well as its implementation until the handover of the leased property.
Should questions or problems arise during the rental period, we will provide you with competent and uncomplicated assistance, whether out of court, in court, or during enforcement proceedings.
Residential tenancy agreement
In residential tenancy law, the law and case law provide the landlord with many guidelines as to what they may regulate in the tenancy agreement, in particular to which extent they may pass on obligations to the tenant.
The landlord should therefore exercise particular care and be aware of risks should they deviate from standardized lease clauses or use older lease forms. Missing information or invalid clauses can lead to surprises and additional costs. Some examples are: the information on the amount of rent, the information about ventilation, the provision on the passing on of cosmetic repairs, or the agreement on the only temporary use of the living space.
Commercial tenancy agreement
In commercial leases, both parties must exercise particular care when concluding and amending the contract.
As a rule, the landlord’s interest lies in securing rental income over a longer period of time. Important for this are the regulations on the rental period, to which the parties must agree in writing (§ 550 BGB). In addition, there are agreements on the enforceability of rent claims, on rent security, on rent increases, on the passing on of accruing operating and maintenance costs, and on the limitation of warranty as well as the conclusion of insurance policies for this purpose.
On the tenant side, the commercial enterprise should generate the rent. Often, alterations must be made to the rented premises for this purpose and permits must be obtained. In addition to regulating the rental period, option rights can be interesting so that initial investments pay off and operating costs remain calculable in the longer term.
The lease agreement is therefore often extensive in commercial tenancy law. Understanding and agreeing to it is in the interest of both parties. The involvement of a lawyer is regularly advisable.
Our services include:
- Out of court advice and representation of owners and partial owners
- Drafting and contesting WEG resolutions
- Examination, advice, and representation in the conclusion of SEV and tenancy agreements
- Out of court and judicial representation in tenancy disputes
- Advice and representation vis – à – vis the public administration (misappropriation, protection of urban districts, building law)
Lawyers
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Frequently asked questions about Real Estate & Investment
Real Estate & Investments
Property management and renting
Property management and renting
Property and condominium management
If you rent out residential or commercial space, it is usually sensible and necessary to hire a property management company. If your property is part of a condominium community (WEG), the management of your individual property is carried out by an individual property management (SEV), while the management of the common property of the WEG is carried out by the WEG management.
We check and advise on the conclusion of SEV contracts. We assist you and your SEV in questions of condominium law, tenancy law, legal succession and public law (misappropriation, milieu protection, building law).
Condominium law
When you acquire residential property or partial ownership, you automatically become part of a condominium community (WEG). The rules of condominium communities can be found in the Condominium Act (which is also abbreviated to “WEG”), in the declaration of division of the WEG, which contains the community rules, and in the WEG resolutions. The rules concern the rights and duties of the WEG administration and of the condominium owners among themselves, as well as the procedures for passing WEG resolutions.
In questions concerning the WEG, the WEG administration shoul d be the first point of contact, as it runs and represents the affairs of the WEG. Legal assistance is necessary and useful when questions are difficult or contentious and the right course of action must be determined. Is the consent of the WEG administrat ion or condominium owners required? If so, which resolution proposal is appropriate? Can a resolution be successfully challenged? What rights does the WEG have vis – à – vis third parties (e.g. neighbours, utilities, construction companies) or vis – à – vis indivi dual condominium owners or the administration?
We will be happy to advise you — whether as a condominium owner, condominium management or condominium association — and to protect your rights in condominium law out of court and in court. It is helpful if y ou can provide us with relevant documents (declaration of division, if applicable WEG minutes, purchase agreement, correspondence) in advance as PDF files. Within the scope of the mandate, however, we can also request documents from third parties (WEG admi nistration, notary’s office, land registry).
Tenancy law
If you acquire rented real estate in Germany, you automatically enter into existing tenancy agreements with the ownership (§ 566 BGB). In this case, the review of the tenancy agreement and o ur advice on it are part of the necessary legal due diligence at the time of acquisition, so that you can make a reliable forecast of the expected rental income and you know the costs and possible problems as well as your rights and obligations in connecti on with the tenancy.
In the case of new leases, we draft and review the lease agreement, also in multiple languages if required. If necessary, we represent and advise you in negotiations and monitor the effective conclusion of the contract as well as i ts implementation until the handover of the leased property.
If questions or problems arise during the rental period, we will provide you with expert and uncomplicated assistance, both out of court and in court and enforcement proceedings.
Residential tenancy agreement
In residential tenancy law, the law and case law provide the landlord with many guidelines as to what he may regulate in the tenancy agreement, in particular to what extent he may pass on obligations to the tenant.
The landlord should therefore exercise particular care and be aware of risks if he deviates from the standardised lease clauses or uses older lease forms. Missing information or invalid clauses can lead to surprises and additional costs. Examples are the info rmation on the amount of rent and ventilation and the provision on the passing on of cosmetic repairs or the agreement on only temporary use of the living space.
Commercial tenancy agreement
In commercial leases, both parties must exercise particular legal care when concluding and amending the contract.
As a rule, the landlord’s interest lies in securing rental income over a longer period of time. Important for this are the regulations on the rental period, which the parties must agree i n writing (§ 550 BGB). In addition, there are agreements on the enforceability of rent claims, on rent security, on rent increases, on the passing on of accruing operating and maintenance costs and on the limitation of warranty as well as the conclusion of insurance policies for this purpose.
On the tenant side, the commercial enterprise should generate the rent. Often, alterations must be made to the rented premises for this purpose and permits must be obtained. In addition to regulating the rental peri od, option rights can be interesting so that initial investments are amortised and operating costs remain calculable in the longer term.
The lease agreement is therefore often extensive in commercial tenancy law. Understanding and agreeing it is in the interest of both parties. The involvement of a lawyer is regularly advisable.
Our services include:
- Out – of – court advice and representation of flat and part owners
- Drafting and contesting WEG resolutions
- Examination, advice and representation in the conclusion of SEV and tenancy agreements
- Out – of – court and judicial representation in tenancy disputes
- Advice and representation vis – à – vis the public administration (misappropriation, protection of urban districts, building law)