Practice area
Tenancy law in Frankfurt am Main
Advice and representation for landlords, property managers and tenants, in residential and commercial leases.
Termination and eviction
A termination is only effective if its form, its notice period and its reasons are right. For ordinary termination, for termination on the owner's own need (Eigenbedarf) and for termination without notice for rent arrears, I check the requirements, draft the notice and then represent you in the eviction proceedings and in enforcement. If you have received a notice yourself, I check whether it holds and which deadlines now run for you.
Rent, rent increases and service charges
Increases up to the local reference rent are regularly based on the rent index (Mietspiegel) in Frankfurt am Main. I check the reasoning and the deadlines and either prepare the demand or object to it. A service charge statement turns on the accounting deadline, which items may be passed on and the allocation formula: I recalculate the statement and enforce justified arrears or repayments.
Defects, rent reduction and the deposit
Where the property is defective, what matters is what was reported when, and what deadline was set for repair. I establish whether a reduction applies and at what level, and I enforce repair and damages or defend against excessive reductions. Once the tenancy ends, the questions are the deposit, decorative repairs and damage to the flat.
Commercial leases
Commercial premises are largely governed by freedom of contract, so the contract decides. I draft and review commercial leases with their terms and options, stepped and index-linked rents, protection against competitors and obligations to trade, and I see the end of the lease and the handover of the premises through.
I advise and represent landlords, property managers and tenants, out of court and in court, and never both sides of the same case.
Frequently asked questions
How quickly do I have to respond to a notice of termination?
It depends on the kind of notice. A tenant can object to an ordinary termination of a residential lease on grounds of undue hardship, in writing and at the latest two months before the tenancy ends (§§ 574, 574b BGB). A termination without notice for rent arrears becomes ineffective if the arrears are paid in full within two months of the eviction action being served, though not more than once in two years (§ 569 (3) no. 2 BGB). Either way: have it checked early, and bring the letter.
When must the service charge statement arrive?
At the latest twelve months after the end of the accounting period (§ 556 (3) BGB). If it arrives later, the landlord can generally no longer claim arrears, unless the delay was not the landlord's fault. The tenant must raise objections to the statement within twelve months of receiving it.
By how much may the rent be increased?
For an increase to the local reference rent, by at most 20 per cent within three years, and by at most 15 per cent in areas a state regulation designates as a tight housing market (§ 558 (3) BGB). In Frankfurt am Main, the reference rent is regularly taken from the rent index (Mietspiegel). Whether the lower cap applies to your flat, I check against the Hessian regulation in force.
When do I get my deposit back?
There is no fixed statutory deadline. The landlord may keep the deposit for as long as it takes to check any claims; courts usually consider a few months reasonable. If a service charge statement is still outstanding, a reasonable part may be held back until it arrives.
Your matter
Describe your matter briefly by email, call, or book an appointment directly. You will receive a reply within two days.