Com­mer­cial and pri­va­te ten­an­cy law in Flens­burg and Harrislee

Tenancy Law in Flensburg, Lawyer Ina Reese

Secure tenancy agreements, clear solutions in the event of a dispute Solicitor for landlords, tenants and businesses in Flensburg and Harrislee

Ten­an­cy agree­ments run for years and often invol­ve signi­fi­cant finan­cial inte­rests, whe­ther they rela­te to com­mer­cial pre­mi­ses, flats or warehou­ses. I advi­se and repre­sent land­lords, ten­ants and busi­nesses in Flens­burg and the sur­roun­ding regi­on on the draf­ting of ten­an­cy agree­ments, noti­ces of ter­mi­na­ti­on, rent increa­ses and in legal disputes.

From the initi­al con­tract nego­tia­ti­ons right through to evic­tion pro­cee­dings, I will sup­port you with a com­bi­na­ti­on of legal exper­ti­se and – as a soli­ci­tor and spe­cia­list in tax law – tax exper­ti­se that makes a direct finan­cial dif­fe­rence when it comes to ren­tal inco­me and com­mer­cial tenancies.

Tenancy Law in Flensburg, Commercial & Residential Property

Tenancy Law in Flensburg: Commercial & Residential Property

Drafting and negotiating commercial tenancy agreements

Whe­ther it’s a shop, an office, a sur­gery or a warehouse: com­mer­cial ten­an­cy agree­ments are usual­ly ente­red into for seve­ral years and shape the day-to-day busi­ness ope­ra­ti­ons of both par­ties. I assist land­lords and ten­ants in draf­ting bespo­ke con­tract clau­ses, ran­ging from the term and rene­wal opti­ons, through non-com­pe­ti­ti­on and usa­ge clau­ses, to the allo­ca­ti­on of main­ten­an­ce obli­ga­ti­ons. I also review exis­ting con­tracts – eit­her befo­re they are signed or whilst the ten­an­cy is in pro­gress – to iden­ti­fy any risks and are­as requi­ring amend­ment.

Whe­re struc­tu­ral altera­ti­ons or a chan­ge of use are plan­ned, I will cla­ri­fy which appr­ovals are requi­red and how the­se can be regu­la­ted in a legal­ly sound man­ner within the con­tract. The aim is to draw up a ten­an­cy agree­ment that pro­vi­des both par­ties with plan­ning cer­tain­ty and pre­vents future dis­pu­tes from ari­sing in the first place.

Residential tenancy agreements for landlords and tenants

Pri­va­te land­lords and ten­ants in Flens­burg and Harris­lee often face simi­lar ques­ti­ons: Which clau­ses in the ten­an­cy agree­ment are valid? How much can the secu­ri­ty depo­sit be, and when must it be retur­ned? Are cos­me­tic repairs valid­ly pas­sed on to the ten­ant? I pro­vi­de advice on all aspects of resi­den­ti­al ten­an­cy law, from draf­ting ten­an­cy agree­ments and sett­ling uti­li­ty bills to the rights ten­ants have in the event of defects in the property.

For land­lords, I review stan­dard ten­an­cy agree­ments and indi­vi­du­al arran­ge­ments to ensu­re they are legal­ly valid; for ten­ants, I cla­ri­fy what claims may ari­se from defects, inva­lid clau­ses or exces­si­ve ser­vice char­ge bills.

Rent increases and rent adjustments

Whe­ther the rent is based on local mar­ket rates, a gra­dua­ted rent sche­me or an index-lin­ked rent for com­mer­cial pre­mi­ses: rent increa­ses are sub­ject to spe­ci­fic sta­tu­to­ry and con­trac­tu­al con­di­ti­ons. I assess on behalf of land­lords whe­ther a rent increase is per­mis­si­ble and, if so, by what amount, and ensu­re it is imple­men­ted in accordance with the cor­rect for­mal pro­ce­du­res. For ten­ants, I cla­ri­fy whe­ther a request for a rent increase com­pli­es with the legal requi­re­ments and what time limits and opti­ons for objec­tion are available.

In the com­mer­cial sec­tor, adjus­t­ment clau­ses and index-lin­ked rent agree­ments also come into play; the­se must be cle­ar­ly for­mu­la­ted when the con­tract is con­cluded and careful­ly inter­pre­ted in the event of a dispute.

Termination of tenancy and lease agreements

Whe­ther it is a noti­ce of ter­mi­na­ti­on in accordance with the stan­dard pro­ce­du­re, ter­mi­na­ti­on wit­hout noti­ce due to late pay­ment, or the ter­mi­na­ti­on of a com­mer­cial ten­an­cy agree­ment: I will assess whe­ther a noti­ce of ter­mi­na­ti­on is valid, whe­ther for­mal requi­re­ments and noti­ce peri­ods have been com­pli­ed with, and what opti­ons for action this gives rise to. Land­lords gain cla­ri­ty on how to give noti­ce in a legal­ly com­pli­ant man­ner; ten­ants find out whe­ther a noti­ce of ter­mi­na­ti­on they have recei­ved is valid.

I will work with you to find a finan­ci­al­ly via­ble solu­ti­on, whe­ther that invol­ves ter­mi­na­ting the ten­an­cy by mutu­al agree­ment, agre­e­ing on a peri­od for vaca­ting the pre­mi­ses, or enfor­cing the noti­ce of ter­mi­na­ti­on through the courts.

Eviction proceedings, claims for payment and loss of rent

If a ten­ant fails to pay despi­te a remin­der, or fails to vaca­te the pre­mi­ses fol­lo­wing a valid noti­ce of ter­mi­na­ti­on, the only recour­se is often to take the mat­ter to court. I repre­sent land­lords in evic­tion and rent pay­ment claims and hand­le the enti­re pro­cess from fil­ing the cla­im through to enforce­ment. In par­ti­cu­lar­ly urgent cases, I also exami­ne the opti­ons for inte­rim reli­ef.
When it comes to the out-of-court reco­very of out­stan­ding rent, this area over­laps clo­se­ly with my debt manage­ment work; if you wish, I can coor­di­na­te both areas.

Tax considerations relating to letting and leasing

As a soli­ci­tor and spe­cia­list in tax law, I con­sider ten­an­cy agree­ments not only from a legal per­spec­ti­ve but also from a tax per­spec­ti­ve. For pri­va­te land­lords, I cla­ri­fy which cos­ts are deduc­ti­ble as inco­me-rela­ted expen­ses against inco­me from let­ting and lea­sing, and how main­ten­an­ce cos­ts and depre­cia­ti­on affect tax lia­bi­li­ty. In the case of com­mer­cial let­ting, I assess whe­ther, and under what con­di­ti­ons, it would be advi­sa­ble to opt for VAT.

I also high­light the tax impli­ca­ti­ons to be con­side­red in the event of chan­ges in use, vacan­ci­es or the trans­fer of let pro­per­ties as part of a suc­ces­si­on or a sale. This com­bi­na­ti­on of legal and tax advice from a sin­gle source saves you the hass­le of coor­di­na­ting bet­ween seve­ral advisers.

For over 20 years, I have been advi­sing land­lords, ten­ants and busi­nesses in Flens­burg, Harris­lee and the sur­roun­ding regi­on on all aspects of com­mer­cial and pri­va­te ten­an­cy law, from draf­ting con­tracts to enforce­ment through the courts.

Tenancy Law in Flensburg: Commercial & Residential Property Law and Tax Practice in Flensburg

Berlin Rent Scan: Automatic monitoring of property adverts for breaches of the rent cap 

Ber­lin auto­ma­ti­cal­ly checks pro­per­ty adverts for brea­ches of the rent con­trol sche­me. Almost half of the adverts che­cked were suspec­ted of brea­ching the scheme.

Federal Court of Justice: No entitlement to commission for property managers who also act as estate agents 

Fede­ral Court of Jus­ti­ce ruling: Pro­per­ty mana­gers who also act as estate agents are not entit­led to com­mis­si­on, not even from the landlord.

Federal Court of Justice: Flat owners are entitled to air conditioning on their balconies 

Fede­ral Court of Jus­ti­ce: Flat owners are, in prin­ci­ple, entit­led to per­mis­si­on to install an air-con­di­tio­ning unit on their balcony.

Federal Court of Justice: Semi-detached houses are not covered by the principle of equal division of estate agent’s commission 

The Fede­ral Court of Jus­ti­ce (BGH) cla­ri­fies: a two-fami­ly house is not a sin­gle-fami­ly house. The prin­ci­ple of half-sha­ring the estate agent’s com­mis­si­on appli­es only under cer­tain conditions.

Allocation of CO₂ costs: Landlords to bear a greater share of the burden in future 

The new Buil­ding Moder­ni­sa­ti­on Act extends the scope of the CO2 Cost Act: in future, land­lords will bear more cos­ts that can­not be pas­sed on to tenants.

Federal Court of Justice: Who pays the estate agent’s commission on a two-family house? 

The Fede­ral Court of Jus­ti­ce (BGH) has ruled that anyo­ne who fails to sta­te that they are purcha­sing a pro­per­ty for their own use in good time loses their entit­le­ment to half the estate agent’s commission.

Contact – Your Preferred date

Sub­mit your Online enquiry and we’ll be in touch as soon as pos­si­ble for a Preli­mi­na­ry assess­ment.

+49 ( 0)461 480 862 5 

We will be hap­py to take your pre­fer­red date into account in the form whe­re pos­si­ble; howe­ver, we are unfort­u­na­te­ly unable to gua­ran­tee this due to exis­ting boo­kings. We will get back to you as soon as pos­si­ble to arran­ge a sui­ta­ble appointment. 

Address Werk­stra­ße 8, 24955 Harrislee

Email rechtsberatung@kanzlei-reese.de