Field of Expertise

Tenancy / Condominium & Real Estate Law

Tenancy / Condominium & Real Estate Law

We advise you comprehensively as a private person in residential tenancy law, lease law, brokerage law, real estate law / property law, neighbor law, condominium law and private construction law.

In residential tenancy law, we advise you in the current tenancy relationship in the event of warnings for conduct in breach of contract, such as unauthorized subletting or keeping animals in breach of contract. Typical deficiencies of the rental object can be construction work / noise, odor nuisance, moisture / mold, pollutants, impact noise, making music, keeping dogs. As soon as the use of the rental property is impaired, a comprehensive explanation of the rights and obligations of tenant and landlord is required. We explain the reduction of rent as well as claims for damages and reimbursement of expenses.

In case of mold infestation in the apartment, we advise tenants and landlords on the special distribution of the burden of proof that the Federal Court of Justice places on the parties. In case of outstanding rental claims, we enforce your claims in court and by means of forced enforcement. Furthermore, we advise you on the possibilities of a rent increase to the local comparative rent or in case of modernization. The recently introduced rent brake can lead to repayment claims by the tenant. Furthermore, we check and prepare utility invoicing.
We explain to you the possibilities of terminating the residential tenancy by cancellation agreement or termination, for example due to personal need.

At the latest when the lease is terminated, it must be clarified whether the agreed beauty repair clauses are effective. In the event of a terminated tenancy, we advise on the enforcement of outstanding claims, in particular the paid security deposit. In proceedings for eviction and restitution, we represent you in court and in the context of eviction and restitution enforcement.

Residential tenancy law is characterized by special protective regulations in favor of the tenant, which cannot be agreed upon differently by the contracting parties.

In brokerage law, we examine the effectiveness of brokerage contracts, brokerage subcontracts, qualified brokerage subcontracts and brokerage commission claims, taking into account the buyer’s principle in force since June 01st, 2015.

In neighborhood law, in addition to private law, the public law rules of neighborhood law, such as the Neighborhood Law Act of Baden-Württemberg, are relevant when advising on neighborly conflicts. Here, border distances, the height of plants and trees, emissions such as noise, light and insect infestation often play a special role.

Condominium ownership refers to the special ownership of an apartment within a building, the common property of collaborative used areas, the partial ownership of rooms not intended for residential purposes, and special rights of use, such as for parking spaces. The legal basis is the German Condominium Act (Wohnungseigentumsgesetz), which regulates, among other things, the establishment and administration of condominiums, the convening and holding of an owners’ meeting, and the duties of the administration. In addition, the declaration of division is relevant, which regulates the relationship between the condominium owners. We advise you, for example, on the contestability of resolutions passed at owners’ meetings, on the defense claims of individual condominium owners and on the revocation of condominium ownership. The complex tasks of property management require legally sound advice in order to avoid liability on the part of the manager.


Lawyer / Mediator & Managing Partner
Mirko Benesch, lawyer, is mainly active in the field of commercial law. He advises companies specifically in the areas of gambling and catering law as well as commercial and corporate law.