Tenancy Law and Real Estate Law

Residential and commercial tenancy law

The relationship between landlord and tenant often proves to be fragile alliance, because wording of the lease does not reflect the intention of the parties or because the legal situation has changed. Situational circumstances, too, affect the relationship, e.g. if the tenant is in arrears with rent payments or the general development of prices require changes in rent and/or operating costs.

Our consulting services in tenancy law

As a specialist law firm, we are familiar with the problems and interests of both sides and can represent the interests of both tenants and landlords in legal proceedings in court and out of court in all issues relating to commercial and residential tenancy law, especially in connection with:

  • Drafting of lease agreements, addenda, etc.
  • Assistance in enforcing/defending against rent increases
  • Termination of tenancy contracts/eviction of tenants
  • Asserting claims for damages

professional and qualified advice relating to lease rights, leasehold rights and neighbourhood.

As tenancy law, in particular, is a fast-changing area of law with a host of new features and changes, being familiar with all current jurisprudence is crucial for the interests of all parties. We regularly track these developments on your behalf and also offer training courses on the relevant subjects to assist our commercial clients in their daily work.

Ownership of residential apartments (WEG)

Even buying a residential apartment or an industrial part-ownership raises many legal issues for the layman. Sellers and buyers who consult a specialist lawyer before the appointment with the notary can often avoid costly mistakes.

The declaration of division (Teilungserklärung), community rules and resolutions of the owner's community create the legal framework for the relations of the co-owners among each other and define their rights and duties, in addition to the Residential Apartments Ownership Act (Wohnungseigentumsgesetz - WEG). Owners often underestimate the fact that they are part of a community, whose decisions are usually adopted by majority vote, which may run counter to an individual owner's interests. Hence, qualified, professional advice is indispensable.

Qualified, professional advice is often vital also for commercial managers of owners' communities.

Our consulting services in residential apartments law

In connection with the law relating to residential apartments, we provide qualified legal advice, among others for:

  • Acquisition of separate property (Sondereigentum)
  • Disputes regarding separate and common property
  • Contesting the effectiveness/determining the invalidity of resolutions

Real estate law

Purchasing real estate is a challenging development and decision-making process, which is usually associated with great expense.  The relevant legal issues and underlying contracts are complex. Having a due diligence performed by a lawyer specialising in real estate law is recommended in each case when making a real estate investment.

Notaries are entrusted with the task of certifying real estate, property development and housing sales contracts; hence, parties often rely on the notary to take the interests of the parties duly into account and advise them. However, as notaries are committed to strict neutrality towards both parties, they cannot ensure the best possible representation of your interests.

Obtaining expert advice from a specialist in real estate law already when examining the actual properties to be purchased as part of a due diligence, when drafting and negotiating the property purchase contract and when performing the contract is essential to protect buyers against unpleasant surprises and bad investments.

If the notarial property purchase agreement or developer contract has been certified already, and if the agreed payments are not made in time, or if the scheduled hand-over date is not met, if defects are not discovered before conclusion of the contract or if concealed defects of the property or of the residential apartment are detected, the timely involvement of a specialist in real estate law is crucial to protect and enforce your legal interests.

Our consulting services in real estate law

As experienced real estate lawyers, we offer legal advice and assistance, as well as legal representation in all issues relating to real estate law, in particular, for:

  • Conducting a due diligence for real estate investments (asset deal/share deal)
  • Drafting and examining the proposed notarial contract before the acquisition/sale of land and residential apartments
  • Asserting and defending against rights of pre-emption
  • Enforcing your rights/defending you against unjustified claims under real estate deeds, developer contracts and contracts for the sale of residential apartments
  • Examination and pursuit of restitution claims
  • Intention to use leased real estate and leased residential apartments for own purposes
  • Asserting rights/defending against claims under brokering agreements.

We also assist in resolving issues relating to rights in land, such as housing rights, rights of way and land charges. As a law firm with long-standing practical experience in receivership issues, we can also offer the support and representation in foreclosures and receivership proceedings.

Multidisciplinary consulting services in the field of tenancy law and real estate law

The team at Derra, Meyer & Partner Rechtsanwälte PartGmbB includes experts and certified specialist lawyers, in the field of tenancy law and residential apartments ownership (WEG) law as well as in the field of real estate law and in related areas of the law, such as tax law, commercial and corporate law and in building and architect law. In addition, we can also offer tax advice, both through our own in-house specialists and cooperating companies, or recommend qualified notaries for the recording and certification of notarial purchase contracts, with whom we have been working work for many years. This allows us to offer you professionally qualified and, moreover, comprehensive advice on all topics in connection with your real estate.

 

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