In tenancy law, in order for a tenancy to come into being, a tenancy agreement is required between the tenant on the one hand and the landlord on the other. According to tenancy law, the rental agreement must at least state the specific apartment, the amount of the rent and the start of the tenancy. Under tenancy law, the contract does not necessarily have to be concluded in writing. A verbal agreement is also sufficient. Ausassumptions exist in the tenancy law for the timerental agreement with a barreltime of more than egga year as well as for the graduated and index rental agreement.

In tenancy law, the legal relationships between tenants on the one hand and landlords on the other are determined primarily by the tenancy agreement. If the contractual regulations are incomplete or they deviate inadmissibly from the provisions of tenancy law that protect tenants, the statutory regulations also apply, in particular Sections 535 ff. of the Civil Code. These tenancy law regulations were revised by the Tenancy Law Reform Act, which came into force on September 1, 2001.

Gegenstand von Auseinandersetzungen im Mietrecht sind regelmäßig folgende Bereiche:

  • own use
  • operating cost
  • Termination
  • Maklercourtage
  • rent increase
  • defects
  • Repairs
  • Rent index
  • Rental deposit
  • rental contract
  • modernization
  • new tenant
  • Cosmetic repairs
  • Social clause
  • conversion
  • Housing benefit


In no other area of law are more court decisions made annually than in tenancy law. The hundreds of thousands of judgments and resolutions that have already been made provide the basis for assessing a dispute in tenancy law, which is constantly increasing in importance. On the following pages we will try to provide you with as much information as possible about the basic principles of tenancy law.

We also recommend the following pages on the subject of tenancy law: