Ownership comes with obligations: but it also gives landlords rights
With your rented property, you occupy a dual position: that of owner and that of landlord.
The latter has his very own rights and obligations that you should be aware of, especially if you are planning to rent out a property for the first time. With this post we would like to give you a deeper insight.
Your rights as a landlord
At first, the most important right: You are entitled to rent payments that are transferred in full and on time by the tenant to the agreed amount. Furthermore, you are allowed to request a rent deposit, which will pay for any damage caused by the tenant after he/she has moved out. Note: According to the law, the maximum deposit is three times the net monthly rent exclusive of heating and service charge.
You may increase the rent no earlier than 15 months after the moving-in date, provided that legal limits and deadlines are observed. The rent increase must be justified, for example, by modernisation work carried out in the meantime or a strong increase in the local comparative rent. Under certain very strict conditions you also have the option to give the tenant notice of termination. Notice periods must also be observed; only extreme cases allow termination without notice.
As a landlord, you also have the right to pass on various ancillary costs to the tenant and, if necessary, to request an additional payment - please also note the associated obligations in the following section. Although the tenant has the right of sole access to the property, you can enter the property by prior agreement and for good reason, for example to inspect reported defects prior to requesting service providers to carry out repairs.
Taking your obligations into account
You must, of course, make the rented property permanently accessible to the tenant, including providing all keys for both the actual flat or house and, for example, the letterbox. In addition, you are obliged to carry out maintenance and, where necessary repairs, for example to heating or water systems. You are also required to arrange the repair of a legitimate, reported defect in a specified period of time. As a rule, you also have to pay the costs for this.
The exception are minor repairs. Clauses governing minor repairs, including maximum limits of 75 to 100 euros, must be included in the tenancy agreement, otherwise you as the landlord will have to pay for them.
You are obliged to send the tenant a detailed statement of operating costs once a year. Any claims for an additional payment are tied to this. It is not possible to claim retrospective payment if more than one year has passed. According to the law, you also have a duty to implement safety precautions and to ensure building/property upkeep. Installations such as balconies or lifts must therefore be safe and, if applicable, regularly maintained. The landlord is also responsible for heating: The tenant must be able to heat the rooms to at least 20 °C.
Do you have any further questions, or would you like to rent out your property? We’re happy to help: From finding a tenant and checking creditworthiness to drawing up a tenancy agreement!
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