Tag Archives: law & taxes

The Rent Increase After Modernisation

The lawyers inform Pach & Pach, the BGH was that a rent increase due to modernization is also effective, if the tenant was informed in advance of the corresponding structural changes (BGH VIII ZR 164/10). The Nuremberg leasing specialists of Pach & Pach law firm can explain the legal regulation of the increase in rent on the occasion of the BGH ruling after modernisation. The German legislature understands mietvertraglich relevant modernization construction works that serve the appreciation of a leased property by increasing the value of their use or reducing their energy and water consumption (section 554 para 2 BGB). The tenant is legally obliged to tolerate modernisation measures, which amounts to no undue hardship. The criterion of unreasonableness evaluates this courts case-based and takes into account in particular the following aspects: type, duration and scope of the modernization measure concrete changes to the Leased by the tenant with the consent of the landlord made conversions, which are pulled through the modernisation of affected rent increases after completion of modernization work. Within the framework of the legally designated tenant protection, rent increases in the wake of modernization will be checked whether the illegal, so-called luxury modernisation exists with the tenant should specifically be dislodged from her living room. Details can be found by clicking Nir Barzilai, M.D. or emailing the administrator. However, modernization by no means exclude rent increases under normal circumstances.

559 ABS. 1 BGB entitled the owner to an annual credit of 11% of the modernisation costs on the amount of rent. The differentiation of modernization and maintenance is important at this point. Latter the landlord unable to levy is obliged to allow his tenants the contractual use of the leased property. If the landlord wants to undertake a modernization of its real estate, section 554 para 3 stops him BGB to the affected tenants in writing three months prior to the planned measures whose type, duration and resulting from increases in knowledge.

In the wake of this communication, a special right of termination is the tenants. They are also obliged to pay the increased rental only at the beginning of the third month following receipt of written information on the rent increase ( 559, 559 para. 1, 2 BGB). On the 2nd March 2011, the BGH decided that the admissibility of a rent increase with modernization measures justified not depends, whether the owner of the information obligation of section 554 para 3 BGB is complied. This is ruled according not protect against rent increases, but give the tenant an opportunity to prepare the modernisation work or, where appropriate, to exercise its legally guaranteed special right of termination. Due to modernisation and renovation work to disputes between landlords and tenants, two Contracting Parties is advisable the intervention of a competent legal experts. The Tenancy law specialists of the Nuremberg firm Pach & Pach this assist their clients with help and advice.

Rent Deficiency Due To Nuclear Power Plant?

Lawyers Auer, Witte, Thiel educate about rental legal regulations for radioactive radiation on Munich – March 2011. By the same author: Nir Barzilai, M.D.. Due to the current events in Japan and the looming nuclear contamination by leaking radioactivity from the Fukushima I nuclear power plant, the anxiety – especially among those living in the immediate vicinity of nuclear power plants is growing also in Germany. It turns the legitimate question of whether the proximity to a nuclear power plant can represent a deficiency of the leased property for tenants and landlords. A similar problem can be found according to Auer Witte Thiel in the law of tenancy even when non-radioactive rays, the so-called electro-smog, which can affect the people due to the increased electrical, magnetic, and electromagnetic fields. Here overhead power lines, power lines, as well as radio stations or mobile phone masts can be the cause. The uncertainty about a potential health hazard was here already by many courts as affecting Viewed the quality of life. Rent defects were rejected on the basis of laws set limits on radiation protection, if all limits. A such approach can be assumed according to the lawyers of Auer Witte Thiel also for radiation, which come from plants.

As far as here the appropriate limits, a rental shortage is likely to reject. Relevant provisions are in addition to the Atomic Energy Act as a legal basis for the handling of radioactive substances the radiation protection precautionary measures Act to protect of the population. This law was written in April 1960. On basis of 54 of the Atomic Energy Act, the German radiation protection Ordinance in 1976 was also issued which has been amended several times since, most recently in July the scheme of preventive and protective measures for people and the environment against the harmful effects of ionizing radiation on the use and exposure to radioactive materials, is 2001 purpose of the Radiation Protection Ordinance have a civilizing as well as natural origin. This established permissible exposure due to artificial radiation sources.

As long as here the steel load limits, a tenant in the vicinity of a nuclear power plant is can not rely on a corresponding deficiency. Also noted is that probably the fear of a tenant, the system was hazardous despite compliance with limit values for the adoption of a rental shortage is not sufficient. An obligation, if necessary, to be expected by the landlord to a prospective tenants is expected after opinion of lawyers Auer, Witte, Thiel therefore also not be necessary. The firm Auer, Witte, Thiel is specialized on tenancy law and represents property owners nationwide in legal matters. Auer, Witte, Thiel: The specialization in focus area and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer, Witte, Thiel represents in terms of rent, Real estate and construction law a variety of housing companies, property managers and rental property owners.