Dissolution and eviction
The tenant of a property is protected by law if the landlord wishes to terminate the agreement. If the tenancy agreement has been entered into for, say, a year, the tenancy will automatically end by the end of the agreed rental period. At least, if the tenant does not agree to this and wants to continue living in the property. Agreements are therefore quite often thwarted when it comes to renting by the legal provisions of mandatory, or semi-compulsory, law. This means that contractually, agreements may not be deviated from to the detriment of the tenant. The landlord will always have to go to court for termination (dissolution). For renting a room, however, the protection is more limited.
The name of the agreement is only an afterthought. To determine whether there is a tenancy, the legal definition must be looked at and/or the agreement contains the essentials of tenancy. For the question of whether a particular contract is a tenancy agreement or not, what is ultimately decisive is what the parties intended to agree on and what the parties could reasonably have expected from each other in this regard.
Tenancy law can relate to residential premises and business premises. Business premises in turn can be divided into medium-sized business premises and other business premises. The latter is important as the legal protection for the tenant decreases in the aforementioned order.
We offer specialist legal assistance in both the areas of residential and commercial property. We offer sound advice and, if necessary, we litigate. Proceedings in rental disputes are usually handled by the subdistrict court of the domicile of the party being sued.
We act for both (professional) landlords and (private) tenants.
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