Do you want to rent an apartment or join a community of owners? Then you should know the key rules of the game. In this article, you will learn clearly and comprehensibly what rights and obligations the Tenancy Act (MRG) and the Condominium Act (WEG) have in store for you. This will help you avoid legal pitfalls and costly mistakes.
Tenancy Act (MRG): Your rights as a tenant:in
The MRG provides tenants with comprehensive protection against overreaching. These aspects are particularly important:
Protection against dismissal
A tenancy can only be terminated for certain legal reasons, such as a serious breach of contract or urgent personal use by the landlord.
Rent regulation
In many cases, a rent cap applies. In the case of older buildings in particular, the rent may only be adjusted within the legally stipulated framework.
Maintenance obligation
The landlord is responsible for the maintenance of general parts of the building (e.g. roof, façade, staircase).
Tip: Some business premises may also be subject to the MRG if they are mainly used for residential purposes.
Conclude a rental agreement: What you need to bear in mind
Written form & time limit
- Fixed-term rental agreements for apartments must In writing be concluded.
- The minimum duration is three years.
Deposit & transfer fee
- The deposit may a maximum of six months' gross rent amount.
- Inappropriate compensation or one-off payments without genuine consideration are inadmissible.
Operating costs
These may only be charged if they are agreed in the contract and billed transparently.
Note: Without a written time limit, the tenancy agreement is automatically deemed to be for an indefinite period.
Condominium ownership (WEG): Your role as owner:in
Home ownership means more than just ownership: you are automatically part of a community of owners.
Requirements & justification
Condominium ownership can be established in structurally self-contained units (apartment, premises, parking space).
Community of owners
All owners are automatically part of the community. This community manages the property, forms a maintenance reserve and makes joint decisions.
Administrator & decision-making
- An administrator is appointed by majority resolution and implements the joint decisions.
- A majority of the co-ownership shares is required for valid resolutions.
Tip: Decisions may be appealed within 30 days if they are unfair or unlawful.
Avoid common tripping hazards
- Structural seclusion: Without this, condominium ownership is not possible.
- Clearly regulate accessories: Cellar compartments, gardens or terraces must be allocated in the usable value report and apartment contract.
- Maintenance obligations: Owners bear their share of the costs for renovations and repairs.
- Subletting: Is possible, but subject to rules.
Note: When buying an apartment, make sure you have clear regulations on special rights of use.
Key Takeaways
- Always conclude rental agreements in writing and with a clear time limit
- MRG offers comprehensive protection for tenants
- Home ownership brings co-determination obligations and cost responsibility
- All rights and obligations are regulated transparently and in writing
- Actively shaping the community of owners
- Seek legal advice in case of uncertainty
Conclusion: make well-informed decisions with confidence
Whether you want to rent or buy: If you know the legal basics, you will make safer decisions. Clarify the contents of the contract, check the operating costs and make sure the ownership structure is clear. If anything is unclear, it is worth seeking legal advice.
