Tenancy law – moving out, termination & your rights

Landlord and tenant law is a big topic, especially for people who live in a tenancy. There are many disputes and many points where the parties could clash. Landlord and tenant law is designed to help avoid disputes and make living as comfortable as possible for both tenant and landlord.

Tenants’ rights – noise, termination and property

Tenants have many rights in a tenancy of which they usually know nothing. In disputes you are then lost and do not know whether you are in the right or whether you have claims. To prevent this, there is some tenancy law that should be part of the basic knowledge for many tenants and is important for many situations.

Termination due to own need – What is the landlord allowed to do and what not?

The most important first step in terminating a tenancy for personal use is that it must be in writing. There are numerous court rulings on this subject, as it can become a problem even for long-time tenants. This is because if the landlord files a claim for own use, the tenant can quickly lose the apartment. However, this does not go without saying and requires some rules. This type of termination requires a formal and substantive correct Eigenbedarfskündigung. Such notice can even be given to tenants who have not been guilty of anything during the entire rental period and who have always behaved in accordance with the contract. Such a notice must be likewise justified by the landlord opposite the tenant. However, it is a misconception that after such a termination the tenant will lose the apartment in any case, because even if this is the most common reason for termination in Germany, this case does not always have to occur.

The pure desire to live in one’s own apartment is not sufficient as a reason for terminating the lease for personal use. The landlord must give a reasonable and comprehensible reason for the termination. Many court decisions prove that the tenant does not always have to leave the rental property after such a termination. For example, companies are not allowed to give notice of termination for personal use, but landlords who could have foreseen that the apartment would be needed for personal use in the near future cannot give notice of termination for personal use, because in this case they would have had to conclude a fixed-term lease. But what is a reason that can lead to a notice of termination for own use? This includes, for example, the reasons that the landlord needs the rooms for himself, his relatives or members of his household, but also if he wants to use the rooms for his professional work or that of a family member.

An important point to consider if your landlord sends you such a notice is whether they own any other properties. Often landlords own more than one property. If this is the case, the landlord must check whether another comparable property is or will be available for his use before giving notice of termination for personal use. Should the landlord still not be able to use this comparable property for his purposes due to, for example, a walking disability, he must offer the comparable property to you as a substitute and also inform you of the financial conditions of this alternative. Otherwise, the notice of termination for personal use is invalid.

If you receive a notice of termination for personal use, check it thoroughly, because there are some formal and substantive points that must be included. If these are not to be found in the termination letter, the termination is invalid. So pay attention to the following points:

• A notice of termination for own use must be made in writing and must be addressed to all tenants of the apartment who are parties to the tenancy agreement.
• A notice of termination must also be signed by all landlords
• The persons who will move in for personal use must be listed with name, age and address
• The longer the tenancy, the longer the period of notice: at least three months, six months for tenancies of five years or more, and nine months for tenancies of more than eight years.
• The reason of the landlord for the own need must be described in detail
• The statutory periods of notice apply in the case of a notice of termination for own use.

Noise pollution – the right to live without noise

Noise pollution is a frequent subject of dispute between landlord and tenant, as the landlord is obliged to eliminate the noise but often has no influence on it. If there is noise nuisance in the property, it must be reported to the landlord immediately. The landlord must keep the property in a defect-free condition and this includes noise as it can cause a nuisance to the tenant. After notification of this defect, the landlord must remedy it within a reasonable period of time. If this is not done, the tenant is entitled to reduce the rent, even if the noise is caused by third parties that the landlord can not influence.

Rent reduction – what are your rights and when are you allowed to reduce the rent?

There is often a dispute about which noise source can lead to a rent reduction and how appropriate the reduction is. Probably the most common case is noise from the neighbouring apartment. Here no rent reduction can be asserted, if this refers to noises, which are connected with the usual use of the dwelling. However, if music is playing so loudly every night that you cannot sleep, a rent reduction is definitely possible. Another reason for a rent reduction are footsteps that can be heard from the upper flat. Landlords are responsible for sufficient footstep sound insulation. If this is not present, there is automatically a reason for rent reduction. The impact sound insulation must meet the standards at the time of installation, even if there are now stricter regulations. So if there is impact sound insulation, but you can still hear every step your neighbour takes, you have to live with it. In fact, construction noise is also one of the most common reasons for a reduction in rent. Depending on the extent of the noise, tenants can reduce their rent by up to 35 percent. Even though landlords cannot influence the noise and usually cannot do anything about it, they have to accept this regulation. In such a case, landlords can assert a neighbour-law compensation claim against the owner of the building plot.

However, noise caused by children is given special treatment. This must be tolerated by neighbours, no matter what time of day it occurs. However, it must remain socially adequate and thus within the bounds of what is usual. This includes, for example, children’s screaming and squealing. However, if the children drive through the apartment on roller skates or continuously throw balls against the walls or the floor, the limit has been exceeded and a rent reduction can be claimed. The type of noise is very different and depends on the situation. It does not always have to be loud music, because even small noises can be annoying in the long run. What also cannot be listed as a reason for rent reduction is traffic noise. Because although airplane or car noise can also be very annoying, it is not enough for a reduction in rent as long as it is within reason for the location of the apartment. So before you move in, make sure you know where the property is located and what kind of noise disturbance you can expect.