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Real estate and law

Real estate and law

A blog about living, buying, renting, taxes and justice

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Author Tobias Scheidacker

Lawyer and notary, specialist lawyer for tenancy law and residential property law in Berlin, www.ikb-law.de
17 March 2023 General / Politics

Continuation: Reduced Lending Values ​​by EU Directive?

The remaining useful life of a property is of crucial importance for its mortgage lending value. A reduced remaining service life specified by the EU directive

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16 March 2023 General / Taxes

Save taxes with the EU

The remaining useful life of buildings has been significantly reduced since yesterday. This also has tax implications: legal basis According to Article 9 of the

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14 March 2023 General / Tenancy Law / Politics

Hard to believe: the end of the new building activity immediately?

Today it is in the press that the European Parliament will more or less immediately stop all building activity in Europe

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8 March 2023 General / Tenancy Law / Politics

What do US government bonds have to do with the German real estate market?

What different markets are there? Everywhere the press writes that the real estate boom of the last few years is over and single-family houses or

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8 February 2023 Notary office

Broker commission for pre-emption rights

The content of the contract does not change through the exercise of a right of first refusal. By exercising a right of first refusal (for tenants' right of first refusal see my yesterday

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7 February 2023 Tenancy Law / Notary office

Tenant right of first refusal

Basic rule If rented living space, which has been or is to be owned after being let to the tenant,

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6 February 2023 Notary office

interpreter in the certification

The following applies in Germany: the official language is German (see eg Section 23 VwVfG, Section 87 AO, Section 19 SGB X). Also

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5 February 2023 Notary office

The 14-day period for sales contracts

Impatience has no place in the notary. Sometimes it is desired that a certification goes as quickly as possible. The reasons are different

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4 February 2023 Tenancy Law / Notary office

How many notaries are there in Berlin?

Some statistics The information portal of the Federal Chamber of Notaries contains a very clear table in which the numbers of members of the Chambers of Notaries in

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3 February 2023 Tenancy Law

Don't be afraid of "professional beginners" - change in the admission requirements for the notary's office over time

There have been notaries as long as mankind has been able to write – our colleague Diehn in Hamburg even goes back to them

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2 February 2023 Notary office

Due diligence when buying apartment buildings - here: rent

The rental price brake was not taken so seriously at first, but that has now changed. A key focus of the object inspection at

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1 February 2023 Notary office

Calculation of notary fees

When we are commissioned with a notarial process, we are often asked how much it ultimately costs. That sounds easy, is

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31 January 2023 Notary office

Who appoints the notary in a purchase contract?

There seem to be different ideas as to which side has the right to choose the notary. Some sellers are calling as a precaution

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30 January 2023 Notary office

Can a notary certify nationwide?

On the occasion of a real estate transfer in Berlin, the owner asked me whether I could also notarize a house in West Germany or whether

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29 January 2023 Notary office

The GbR as a real estate seller (Part 2)

Why is the notarial process problematic despite the changed legal situation? That the §§ 1a BGB, 899 para.

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28 January 2023 Notary office

The GbR as a real estate seller (Part 1)

Partial legal capacity of a GbR and purchase situation In 2001, the BGH (II ZR 331/00) ruled that a company under civil law (GbR)

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24 January 2023 Notary office

guest at Business-Talk at KuDamm

I am very pleased that I was able to give Claudia Bechstein a short interview about the role of the notary and the differences

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31 October 2022 Notary office / Politics / Taxes

Annual Tax Act 2022 – increasing gift tax for transfers from January 01.01.2023st, XNUMX

Focus, Wirtschaftswoche, Finanzen100, Börse Online, but also savings banks and associations such as Haus & Grund did that a few days ago

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22 October 2022 Tenancy Law

Finally notary! – Thematic extension of this blog and some personal insights.

In June of this year I was appointed as a notary - for a job advertisement in October 2019, so it's almost done

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26 August 2022 Tenancy Law

not only professionally: visiting the capital podcast

Wolfgang and Erik from the capital podcast interviewed me a few weeks ago for the anniversary episode of their capital podcast. It didn't work

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25 June 2022 Tenancy Law

LG Berlin: Rent index 2021 = simple rent index and suitable means of justification

Judgments of May 24.05.2022th, 65 on Az. 189 S 21/09.06.2022 and of June 67th, 50 on Az. 22 S XNUMX/XNUMX Two different rental appeals chambers of the

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13 June 2022 Tenancy Law

Practice of modernization consulting

Dear Mr. Scheidacker, I have a question for you regarding tenancy law. There is water damage in a rental apartment that we manage

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29 May 2022 Tenancy Law / Condominium Law

Important for apartment buyers: Have the purchase contract checked in advance!

Anyone who does not buy apartments on a permanent basis cannot usually accurately assess the content and scope of the business, and neither

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28 May 2022 Tenancy Law

as a guest at the FAZ on Sunday

An interview with the Frankfurter Allgemeine Sunday newspaper is also something special for me. Released May 15, 2022, it has

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10 May 2022 General / Tenancy Law / Politics

Piston seizure

Rental excluded! According to the Guthmann market report, the median asking price for Berlin properties for sale as of May 02.05.2022nd, 5.370 is around 0,8 euros/sqm. At XNUMX% interest

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5 May 2022 Tenancy Law / Politics

Protection against rent explosion and termination for personal use

Problem Again and again, politicians and tenants' associations call for better protection against rent increases and terminations for personal use. Exemplary likes

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21 April 2022 General / Tenancy Law / Politics

20 years tenancy

I was admitted to the bar in the summer of 2002, which means it will be 20 years this year. During that time there was

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18 February 2022 Tenancy Law

CO2 clause in the rental agreement

“CO2 price The current federal government is planning to exclude the allocation of additional costs (heating costs) to the tenant on a pro rata basis in relation to the CO2 price. This forces

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16 February 2022 Tenancy Law

Adjustment of operating cost prepayments in the context of sharply rising energy prices

Avoiding high additional payments Today's most common rental structure is a net cold rent plus ancillary cost prepayments. The latter is to be settled annually and

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13 February 2022 Tenancy Law

AG Spandau: Berlin rent index 2021 is void.

Anyone who has been following my posts here in the blog for a long time knows that there were serious problems immediately after the publication of the Berlin Rent Index 2021

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16 December 2021 Tenancy Law

Own needs reports for the purpose of sale

In 2021, two main topics shaped our office work: rent controls and personal use. Relationship between rent level and willingness to rent We already have

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5 September 2021 Tenancy Law

List of rental appraisers in Berlin

The situation around the Berlin rent index 2021 (see here, here and here) has meant that rental appraisers are currently in demand.

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29 August 2021 Tenancy Law

job ad

15 May 2021 Tenancy Law

Re-letting without a rental price brake

With their assessment (discussed here) that there has been no rent index in Berlin since May 13.05.2021th, XNUMX, Richter Beuermann (GE rent index

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14 May 2021 Tenancy Law

Rent increase without rent index

Starting position As stated yesterday, Berlin is currently most likely without a rent index. That begs the question of how to formally effective an

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13 May 2021 Tenancy Law

Berlin without Mietspiegel

Starting position On May 6, 2021, the Berlin Senate published the Berlin rent index 2021. The official brochure states that

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16 April 2021 General / Justice / office management / Tenancy Law / Politics / Taxes

Clubhouse 9:XNUMX - the relaxed real estate talk

From April to June, I always met Christopher Brée in the clubhouse on Mondays at 20.30 p.m. to relax about

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15 April 2021 Tenancy Law

Tuesday, April 20, 2021 at 17 p.m .: Online seminar on the BVerfG's rent cap decision

You can find the original decision here. The annulment of the law by the BVerfG raises various questions, including:

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15 April 2021 Tenancy Law

Friday 19 p.m .: Discussion about the rent cap decision

The decision of the BVerfG on the MietWoG Bln will be published in a few hours (announcement of the court here). Social media is on

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15 February 2021 Tenancy Law / Politics

1 year rental cover

A few days ago I talked to Achim Amann from BLP about the first year of rent cover. We have

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20 January 2021 Tenancy Law

Basics of the general power of attorney

Lately, there have been an increasing number of cases in our practice in which general representatives want or have to act, but they do

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19 November 2020 Tenancy Law

Summary of the rent cover

The red-red-green rental cover project has been on our minds for a year and a half, and the law has been (predominantly) in force for six months.

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4 November 2020 Tenancy Law

Termination for personal use - seminar on November 30.11.2020th, XNUMX

The termination for personal use is the only possibility for the owner to end a tenancy for living space without the tenant breaching his duty

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15 October 2020 Tenancy Law

Fit for buying a home! Seminar on November 16.11.2020, XNUMX

The Berlin housing market is changing. Milieu protection areas, rent controls, rent caps and the planned distribution ban (which will be prevented at least for the moment

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26 September 2020 Tenancy Law

Rental cover seminar on October 06.10.2020th, XNUMX: lowering for December?

The rent reduction on November 23.11.2020, XNUMX is currently one of the big issues that our manager and owner clients are concerned with. Must be lowered? Gives

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25 September 2020 Politics / Condominium Law

Conversion ban: visiting the 11th Berlin Real Estate Talks on 29.09.2020/XNUMX/XNUMX

Achim Amann from Black Label Immobilien invited me to talk to him about real estate again, this time on the planned conversion ban

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29 July 2020 General / Justice / Tenancy Law

District office Pankow puts an action under penalty payment

Legal guarantee and entitlement to justice Article 19 (4) of the Basic Law is a central norm for our rule of law. Will someone through that

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28 July 2020 Tenancy Law

structurally incorrectly calculated notices of rent from preis.de (Conny GmbH)

Initial situation Conny GmbH (formerly Lexfox GmbH) advertises tenant mandates with its website www.mallermiete.de. In terms of content, it usually works

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16 June 2020 Condominium Law

Legal text on the prohibition of division

Introduction In August 2019 I pointed out that in the context of the so-called "housing package" of the grand coalition in the federal government

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4 June 2020 Tenancy Law / Politics

Rental price brake extended in Berlin

Another 5 years rent brake in Berlin The rent brake came into effect in Berlin on June 01.06.2015, XNUMX and was for a term

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Latest Posts

  • Continuation: Reduced Lending Values ​​by EU Directive? 17 March 2023
  • Save taxes with the EU 16 March 2023
  • Hard to believe: the end of the new building activity immediately? 14 March 2023
  • What do US government bonds have to do with the German real estate market? 8 March 2023
  • Broker commission for pre-emption rights 8 February 2023
  • Tenant right of first refusal 7 February 2023
  • interpreter in the certification 6 February 2023
  • The 14-day period for sales contracts 5 February 2023
  • How many notaries are there in Berlin? 4 February 2023
  • Don't be afraid of "professional beginners" - change in the admission requirements for the notary's office over time 3 February 2023
  • Due diligence when buying apartment buildings - here: rent 2 February 2023
  • Calculation of notary fees 1 February 2023
  • Who appoints the notary in a purchase contract? 31 January 2023
  • Can a notary certify nationwide? 30 January 2023
  • The GbR as a real estate seller (Part 2) 29 January 2023
  • The GbR as a real estate seller (Part 1) 28 January 2023
  • guest at Business-Talk at KuDamm 24 January 2023
  • Annual Tax Act 2022 – increasing gift tax for transfers from January 01.01.2023st, XNUMX 31 October 2022
  • Finally notary! – Thematic extension of this blog and some personal insights. 22 October 2022
  • not only professionally: visiting the capital podcast 26 August 2022
  • LG Berlin: Rent index 2021 = simple rent index and suitable means of justification 25 June 2022
  • Practice of modernization consulting 13 June 2022
  • Important for apartment buyers: Have the purchase contract checked in advance! 29 May 2022
  • as a guest at the FAZ on Sunday 28 May 2022
  • Piston seizure 10 May 2022
  • Protection against rent explosion and termination for personal use 5 May 2022
  • 20 years tenancy 21 April 2022
  • CO2 clause in the rental agreement 18 February 2022
  • Adjustment of operating cost prepayments in the context of sharply rising energy prices 16 February 2022
  • AG Spandau: Berlin rent index 2021 is void. 13 February 2022
  • Own needs reports for the purpose of sale 16 December 2021
  • List of rental appraisers in Berlin 5 September 2021
  • job ad 29 August 2021
  • Re-letting without a rental price brake 15 May 2021
  • Rent increase without rent index 14 May 2021
  • Berlin without Mietspiegel 13 May 2021
  • Clubhouse 9:XNUMX - the relaxed real estate talk 16 April 2021
  • Tuesday, April 20, 2021 at 17 p.m .: Online seminar on the BVerfG's rent cap decision 15 April 2021
  • Friday 19 p.m .: Discussion about the rent cap decision 15 April 2021
  • 1 year rental cover 15 February 2021
  • Basics of the general power of attorney 20 January 2021
  • Summary of the rent cover 19 November 2020
  • Termination for personal use - seminar on November 30.11.2020th, XNUMX 4 November 2020
  • Fit for buying a home! Seminar on November 16.11.2020, XNUMX 15 October 2020
  • Rental cover seminar on October 06.10.2020th, XNUMX: lowering for December? 26 September 2020
  • Conversion ban: visiting the 11th Berlin Real Estate Talks on 29.09.2020/XNUMX/XNUMX 25 September 2020
  • District office Pankow puts an action under penalty payment 29 July 2020
  • structurally incorrectly calculated notices of rent from preis.de (Conny GmbH) 28 July 2020
  • Legal text on the prohibition of division 16 June 2020
  • Rental price brake extended in Berlin 4 June 2020
  • Merseburg District Court 19 May 2020
  • Guest contribution: Corona impact on the property market and risk minimization. By Nicolas Stelter 12 May 2020
  • Live conversation on May 5, 2020 at 19 p.m. 23 April 2020
  • Seminar on April 22.04.2020, 1 with two topics: 2. COVInsAG, XNUMX. Rent cover (current) 16 April 2020
  • Guest post: New cancellation joker? ECJ strengthens consumer rights. By Christian shoulder 8 April 2020
  • Guest contribution: Legal written form requirement for rental contracts for business premises and the possibility of ordinary termination in the event of a formal error. From Dr. Fedor Brunner 6 April 2020
  • Guest contribution: Preliminary assessment of the COVID 19 bankruptcy suspension law (COVInsAG). By Philip Karrenstein 30 March 2020
  • Guest contribution: rental moratorium and bankruptcy law in corona times. By Wilfried Stechow 29 March 2020
  • Corona law: suspension of payments due to loss of rent 27 March 2020
  • Structural changes in the real estate market: how politics is causing private landlords to sell 22 March 2020
  • Guest contribution: Rent reduction due to the corona virus? from Dr. Sascha Lambert 16 March 2020
  • Interview with Tanja Kamp 10 March 2020
  • The first week of rental covers: facts and figures 1 March 2020
  • MietWoG - avoidance of fines in case of ambiguities 24 February 2020
  • MietWoG - Obligation to provide information for foreign landlords 23 February 2020
  • MietWoG - the legal text 22 February 2020
  • Does the rental cover also apply to subleases? 20 February 2020
  • Press relations. Today: BZ 20 February 2020
  • MietWoG - Proposed wording regarding March rent and the following 19 February 2020
  • Administrator practice rental cover: Part 13 - What is a "demand" with a fine? 11 February 2020
  • Administrator practice rent cover: part 12 - rent reduction in 9 months 10 February 2020
  • Administrator practice rental cover: Part 11 - What actually happens after the law expires? 9 February 2020
  • Administrator practice rent cover: Part 10 - Obligation to notify modernizations before entry into force within 3 months after entry into force 8 February 2020
  • Administrator practice rental cover: Part 9 - Obligation to provide information about the calculation circumstances within 2 months after the entry into force 7 February 2020
  • Administrator practice rental cover: Part 8 - General information and submission obligation to the authorities immediately after entry into force without a period 6 February 2020
  • Administrator practice rent cover: Part 7 - Obligation to provide information about the circumstances of the calculation immediately from the entry into force without a period 5 February 2020
  • Administrator practice rent cover: Part 6 - Obligation to notify about the rental date as of the effective date without any deadline 4 February 2020
  • Administrator practice rental cover: Part 5 - Conclusion of new rental contracts 3 February 2020
  • Administrator practice rental cover: Part 4 - Is only the landlord or the administrator liable? 2 February 2020
  • Administrator practice rental cover: Part 3 - Not so hot because it's unconstitutional anyway? 1 February 2020
  • Administrator practice rental cover: Part 2 - Accepting rental payments 31 January 2020
  • Administrator practice rent cover: Part 1 - direct debits 30 January 2020
  • Seminar on the rental cover on February 17.02.2020, XNUMX 24 January 2020
  • Documents on the current changes to the rental cover 23 January 2020
  • WEG reform 2020 - the new position of the administrator 22 January 2020
  • WEG reform 2020 - an overview 20 January 2020
  • Berlin prepares for the winter 5 December 2019
  • The power of the condition - a comment on the car toll investigation committee Andreas Scheuer 28 November 2019
  • Commercial space rent: Authorization requirement for contracts in the redevelopment area 25 November 2019
  • Administrator liability for rent cover 21 November 2019
  • The view from the outside 13 November 2019
  • Rental cover clause with new contract 5 November 2019
  • Current applications for rental and real estate law in the Bundestag and Bundesrat 31 October 2019
  • Considerations for re-letting 28 October 2019
  • Interview with Christopher Brée 21 October 2019
  • taz interview with me 16 October 2019
  • Interview with Christopher Zebitz 11 October 2019
  • Interview with Holger Marquardt 7 October 2019
  • Interview with Alexander Schlüter 2 October 2019
  • Press 1 October 2019
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