A dispute over service charges, a termination or the deposit is stressful and can quickly become expensive. At the Ertogan law firm in Cologne, I assess your tenancy law situation factually and tell you honestly which options are likely to succeed.
Tenancy law affects almost everyone, since most people either rent their home or let one out themselves. That is exactly why many conflicts seem small at first glance, yet end up dragging on for months. As an attorney in Cologne, I have represented both tenants and landlords since 2010 and understand both sides of these disputes. That helps in assessing a conflict realistically instead of escalating it unnecessarily.
Whether it is an incorrect service charge statement, a disputed rent reduction, or a termination for the landlord's own use, the decisive point in tenancy law often lies in the detail and in the deadlines. I look closely at your tenancy agreement, the letters from the other side and the actual circumstances before we discuss your options. On request, I advise in German, Turkish and English, so you genuinely understand every step. You will learn early on whether litigation is worthwhile or whether an out-of-court solution makes more sense.
01You may recognise this
You have received a service charge statement that seems too high, and you do not know whether the additional demand is justified.
Your landlord has given notice, for example citing personal use, and you want to have the termination checked for validity.
There is mould, a broken heating system or noise in your flat, and you are considering reducing the rent.
As a landlord, you have been waiting months for outstanding rent payments and want to end the tenancy in a legally sound way.
After moving out, your landlord withholds the deposit or charges for redecoration you consider unjustified.
02How I support you
Reviewing tenancy agreements, clauses and service charge statements before signature or during an ongoing dispute.
Advice and representation on rent reductions due to defects such as mould, damp or heating failure.
Reviewing and enforcing terminations, and defending against unjustified terminations, including for personal use.
Recovering or defending the tenancy deposit after the tenancy ends.
Representation in rent increase matters and modernisation notices, including how costs are passed on.
Out-of-court correspondence with the other side and, where necessary, representation before the local and regional courts.
03How we work together
We begin with a conversation in which you describe your situation and provide the key documents, such as the tenancy agreement and correspondence. I review the facts and the legal position and then tell you openly how I assess your prospects of success and which deadlines are running. You then decide whether I should first act for you out of court or whether we prepare directly for litigation. You are informed of every significant step, so you always know where your case stands.
04What does the advice cost?
Fees are billed, depending on the case, under the German Attorneys' Remuneration Act (RVG) or on the basis of a fee agreement at an hourly rate of 450 euros. The initial consultation is a paid service costing 249.90 euros for private individuals and 450 euros for businesses. These figures are a non-binding guide; the specific cost depends on the effort involved and the amount in dispute, and I discuss this with you in advance.
How long do I have to object to a service charge statement?
After receiving a service charge statement, you generally have twelve months to raise formal or substantive objections. This deadline starts when the statement is received. In many cases it is worth having the individual items and the allocation formula checked closely before you pay.
Am I allowed to reduce the rent if there is mould in the flat?
A rent reduction can be justified for mould if the defect genuinely affects the use of the flat and you did not cause it yourself. You should first notify the landlord of the defect in writing and request that it be remedied. The amount of a possible reduction depends on the extent of the impairment and should be assessed on a case-by-case basis, to avoid a termination for excessive reduction.
When can my landlord give notice for personal use?
A termination for personal use (Eigenbedarfskündigung) is possible if the landlord genuinely needs the flat for themselves or close relatives. The termination must give concrete reasons for the personal use and observe the applicable notice periods. In practice, many personal-use terminations are open to challenge, which is why a legal review is often worthwhile.
How quickly must the landlord repay my deposit?
The landlord must repay the deposit within a reasonable period after you move out, which in most cases lies between three and six months. They may temporarily withhold part of it if further claims, such as an additional service charge payment, are still expected. If the landlord withholds the deposit without a comprehensible reason, you can pursue repayment.
Do I have to redecorate or carry out cosmetic repairs when I move out?
Whether you need to redecorate when moving out depends on the clauses in your tenancy agreement. Under case law, many cosmetic-repair clauses are invalid, meaning the obligation to redecorate can fall away entirely. It is worth having the specific wording of your contract checked before you paint or make a payment.
By how much can the landlord raise the rent?
For an increase up to the local comparative rent, a cap generally limits the increase within a three-year period. The landlord must justify the increase, for example with a rent index or comparable flats. Whether a rent increase is formally and substantively correct can be assessed based on the letter and local conditions.
Can I object to a modernisation and the resulting rent increase?
You can object to a modernisation in certain cases, for example if it would place an unreasonable burden on you. The landlord must announce the modernisation in good time and in the correct form, and may only pass on a legally limited share of the costs through the rent. Whether the announcement is valid and the amount of the rent increase is permissible should be assessed on a case-by-case basis.
What can I do as a landlord if the tenant does not pay the rent?
If rent payments stop, you can first send the tenant a written reminder and set a payment deadline. If the tenant falls into arrears by a certain amount, a summary termination may come into consideration. For the termination to be valid, the statutory requirements must be observed precisely, which I can check for you.
What notice period applies to me as a tenant?
As a tenant, you can generally terminate an open-ended tenancy agreement with three months' notice. The termination must be in writing and must reach the landlord in good time. Longer notice periods apply to landlords depending on the length of the tenancy, so it is worth checking the specific contract.
Do I necessarily need a lawyer for a tenancy dispute?
For many tenancy disputes a lawyer is not strictly required, but is often advisable in practice. Especially with terminations, high additional demands or unclear contract clauses, an early review can prevent costly mistakes and missed deadlines. In an initial consultation we can clarify whether and to what extent representation makes sense for you.
