Good advice

A lawyer in Lehel in Munich sold two apartments belonging to his client with dementia for well below their value, namely to his children. He was sentenced to a suspended sentence of two years for breach of trust by the lay assessor's court of the Munich district court. The verdict is not yet final. The apartments, which are worth 1,100,000 million and 1,300,000 million respectively, were...

The inheritance of real estate is an important topic for many owners and is often associated with uncertainties and unanswered questions. Planning ahead can not only avoid disputes within the family, but also offer tax advantages. But what aspects should owners pay particular attention to when planning their estate? Early planning creates clarityOne of the...

Owning a property comes with many benefits - but also with responsibilities. In order to be protected against damage and risks in the long term, the right insurance cover is essential for owners. This article provides an overview of the most important policies that protect property owners from unexpected costs and legal disputes.

A loss of rent can quickly become a financial burden for landlords. If rent payments are not made, this not only results in short-term loss of income, but often also long-term damage if action is not taken in good time. This makes it all the more important to protect yourself early on and be prepared for such cases. Prevention through careful tenant selectionThe best way to...

The heating season regularly raises questions about the rights and obligations of landlords and tenants. Landlords are obliged to provide a functioning heating system that guarantees the minimum standard of room temperature during the heating season (October 1 to April 30). If this is not the case, tenants may be able to demand a rent reduction. Defects such as a...

The Leverkusen Local Court ruled that a landlord may not terminate a tenant's lease without notice for stealing electricity for an electric car (AZ: 22 C 157/23). In this case, tenants had repeatedly charged their hybrid vehicle at a general socket in the apartment building. This led to displeasure among the neighbors. Despite the small amount of damage of 48 euros, the landlord had a...

In the event of a change of ownership, a right of first refusal in rem for relatives takes precedence over the tenant's right of first refusal, even if the tenancy existed beforehand. This is the result of a ruling by the Federal Court of Justice (case reference: V ZR 48/23). The right in rem remains in place even after a divorce if the ex-partners have been granted corresponding rights of first refusal in rem.

A building insurer is obliged to advise the buyer of an insured property. This was decided by the Karlsruhe Higher Regional Court (AZ: 1 O 164/21). If the buyer wishes to take over the existing insurance or pay the premium, makes this clear to the insurer and no advice is given, the insurer may be liable for possible underinsurance....

The hammer and ladder right also applies to earthworks on neighboring properties. This means that, under certain conditions, owners have the right to enter neighboring properties and place ladders or construction equipment there, for example. This is the case if necessary construction or repair work is being carried out on your own property from the neighboring property...

Tenants are not obliged to vacate their apartments for modernization work. This applies in particular to properties in need of refurbishment where modernization work is planned and can be carried out without temporarily displacing tenants. However, there are also exceptions. One such exception is when the measures in a dilapidated building cannot be carried out in any other way. So decided...