Tips on the real estate market and legal pitfalls - fresh from the experts

by Carlos
3 Minuten
Tips on the real estate market and legal pitfalls - fresh from the experts

Recently, I discovered an interesting blog, where the real estate expert and lawyer Amin El Gendi gives interesting insights into the real estate market and its development. What I found particularly revealing, since I am a real estate owner myself, is the handling of rent deposits when selling or (as in my case recently) buying a rented property.

The lawyer Amin El Gendi refers in his remarks to a case of the Regional Court of Dresden, which decided in this case. However, there are different variants, a clear statement cannot be made. The decisive factor is what was agreed in the contract (notarized purchase agreement of the real estate). The interesting thing was: If it is agreed in the contract that the seller transfers the rent deposits to the buyer, then the buyer must pay them even if he did not receive them from his tenants. But there was one restriction: the seller had assured that there would be no rent arrears during transfer of ownership. The missing rent deposit was therefore not considered. So, it is the seller's bad luck that he had not received any rent deposits. The buyer has relied on the contract and can insist on his right. An interesting article, which was well-prepared by the lawyer Amin El Gendi and is therefore understandable even for the layman.

Another article, also written by lawyer Amin El Gendi, caught my attention. It is about the case that the tenant moves out and leaves the flat to his children. Especially in times of scarce and expensive living space, this is an interesting possibility to give your children a hand and make the search for a new home easier. In short, the legal situation is similar: Tenants have the right to let their children live with them. It is also interesting that this applies if the children have already moved out and are now returning to the flat rented by their parents. What is not possible is that the tenant moves out of the flat completely and then makes the flat available to his children in its entirety. He must therefore continue to use the flat. However, there is a certain sponginess: nobody can ask the tenant to live in the flat every day (holidays, business trips). Whoever now thinks he can trick the law is mistaken: A court ruled favouring the landlord after the tenants wanted to give the impression that they would continue to live in the flat by leaving the kitchen furniture standing and coming to visit every six months.

The lawyer Amin El Gendi has written other interesting articles, whose reading is worthwhile for those interested in real estate, especially from the point of view of tenant and landlord.