Transcription
Did you know that many landlords regularly break the law and tenants often don't even notice? In this video, as a lawyer, I'm revealing the ten most common things landlords are not allowed to do, but still try to get away with. Learn how you, as a tenant in 2025, can effectively protect yourself and what rights you truly have. Stay tuned, because honestly, these tips can save you a lot of money and a ton of trouble. By the way, I've left my email address in the description below in case you're currently having urgent problems with your landlord and desperately need help. And if these legal tips, which are free for you, offer added value, then you can of course give back to the channel by liking the video and subscribing. This way, I can build up the channel here faster and provide you with even more free legal tips. Let's get started right away. First, many tenants experience this almost daily. The landlord suddenly shows up at the door unannounced, and the question is, is that even permissible? Your landlord may only enter your apartment with your consent and, above all, after timely notice. At least 24 hours in advance, two to three days in advance is even better. Of course, there are exceptions, for example, in cases of acute danger, such as a burst water pipe. But let's be serious, folks, how often have you had a burst water pipe where it was crucial for your landlord to be there promptly, otherwise the whole street would have been flooded? I beg you. Many landlords use this as an excuse to enter your apartment somehow, because they want to know what you're up to in that apartment. Second, and now remember the following. And it's very important that you understand this. The right to your home lies solely with you as the tenant. And that means that you, as the tenant, decide about your apartment. I mean, you pay a lot of money for it every month, after all. So. And one always gets the impression that one should be grateful for having gotten an apartment. Let's assume you pay €500 to your landlord every month, then he gets €6,000 from you every year, and you're afraid of losing your apartment just because you assert your rights. So, let's get to the question of whether your landlord has the right to keep a second key to your apartment. And the answer is very clear: No, your landlord is not allowed to keep a second key or make a copy without your knowledge. Entering the apartment with their own key is also simply forbidden. Third, many landlords try to increase the rent at will, but even in 2025, rent increases are only allowed within the legal framework. In tight housing markets, it's a maximum of, I believe, 15% over 3 years, otherwise it's, I believe, 20%. The rent brake and cap limits protect you from excessive demands. Don't just pay more now because your landlord needs a new car. And if you, I'll put it this way, are scared and would rather pay the rent he's demanding, then pay that increased rent. Write "under reservation" in the purpose of payment. Because if you regularly pay the increased rent without comment, you have accepted it, and then it is assumed that you agree with the increased rent. So, write "under reservation" there. You pay the increased rent, so under reservation. You reserve the right to review it again. And if this rent increase was unlawful, you will pay the old rent again. Fourth, after you move out, the landlord must return the security deposit promptly. After moving out, the landlord is entitled to a reasonable inspection and accounting period to review any claims. In practice, this period is 3 to 6 months. In exceptional cases, especially if a utility bill settlement is still pending, a reasonable portion of the security deposit may be withheld for up to 12 months. However, the landlord may not withhold the entire security deposit across the board due to an allegedly pending utility bill settlement. He must estimate the expected amount for a possible additional payment and may only withhold that portion. However, if it is clear that no additional payment is to be expected from the pending utility bill settlement, because you might move out in February and have already paid so many, let's say, installment payments that cover it and no large additional payment is expected for those two months, then he must return the security deposit immediately. Fifth, a general prohibition of pets like dogs or cats in the rental agreement is invalid. Only if the animal is actually disturbing or dangerous may the landlord issue a prohibition. So, and here's a little tip from me. If your landlord asks during the first apartment viewing, which you might have with him because you want the apartment, whether you smoke or have pets, I would spontaneously always answer no, because such a question should be just as invalid as such a clause in the rental agreement. If you, as a tenant, suddenly start smoking later, or get a pet, or a pet wanders into your home, then that's just how it is. He can't kick you out for that afterward anyway. Sixth, there is no such thing as a simple termination. Every termination must have a legally recognized reason, such as personal use or significant breach of contract. A termination without cause is simply invalid. Therefore, you should definitely fight against a termination that you consider to be without cause and not simply accept it. Seventh, many rental agreements contain so-called rigid renovation clauses that obligate you to regular cosmetic repairs or renovations. However, such blanket provisions are invalid in most cases. The courts have confirmed this in 2025 as well. So, don't be pressured into unnecessary renovations. Sometimes, when moving out, a "broom clean" is enough. So, that's what it says in most contracts as standard. And "broom clean" means nothing more than a quick sweep, good day, and goodbye. Eighth, a blanket prohibition of subletting is also not permissible. If you have a legitimate interest in subletting, for example, due to a job change, because you can no longer afford the apartment alone and want to take someone in so you can pay the full rent, then the landlord must agree. Ninth, smoking in the apartment is part of the contractual use and cannot be prohibited across the board. I already said that. The landlord can only intervene in cases of significant nuisance or demonstrable damage. Incidentally, this also theoretically applies to cannabis. Tenth, folks, in rental law, just like in labor law, the unspoken principle is that the tenant or the employee is like the sacred cow on ice. You'll never get rid of them. Some landlords out there probably know what I'm talking about now. As a landlord, you really need compelling reasons to get rid of a tenant, and in most cases, those don't exist. So, of course, even after termination, the landlord cannot simply throw you out. He terminates you at a specific date. Let's say, I don't know, December 31st. Then you have to leave the apartment by 12:00 AM on December 31st. But you don't leave. You stay inside, then he can't just put you out on the street. Only after a successful eviction lawsuit and a court order can the apartment then actually be vacated. And here's the kicker. Even in such a case, you could still file an eviction protection application. If, for example, you are threatened with homelessness, or you even have children, then he can't get you out at all. If he dares to simply put your belongings out on the street, I've seen that a few times with my clients. Strictly speaking, you could now also just go to a hotel and your landlord would have to pay the bill. So, don't be intimidated here either. So, as I said, I've left my email address in the description below. If you're currently in such a situation and have such a problem, feel free to send me an email about it. Have you yourself experienced your landlord not following the rules? Share your experience in the comments. Maybe you can help another tenant with that. And if you want to know the ten things the police are not allowed to do, then feel free to watch this video here. You'll probably be just as surprised.