Legal and financial tips in August

What does the General Data Protection Regulation mean for the landlord, how does a property exchange work and can the rent security be repaid? Also in August there are some tips and current judgments that you should know.

Home seeks family: The property exchange

Many young families want a spacious house, some couples want to shrink. A real estate swap is obvious. The LBS broker knows how to help.

If the children are out of the house, some couples would like to live near the center again. The home on the outskirts of the city is often too spacious for two, the large garden is a lot of work, and gradually climbing the stairs becomes tedious. An accessible flat in the city, where shops and doctors are within walking distance, would be ideal. However, many only want to sell when the new home has been found. And preferably, buying and selling should be done together.

A property swap can fulfill this wish. The LBS broker brings together house owners who want to move with families who like to exchange their modern city apartment for a home in the countryside with plenty of space for the children. "Many change requests do not even end up on the Internet, but are only passed on to our real estate experts with confidence, " reports Roland Hustert, Managing Director of LBS Immobilien. If you are lucky, you will find your dream property - although it was never publicly available.

More room! Many families would like to exchange their apartment for a house.

/ Fizkes

Protect data: the new General Data Protection Regulation

The new General Data Protection Regulation makes demands on all private landlords. The following rules are now important:

The General Data Protection Regulation (GDPR) has been in force since the end of May. It strengthens the rights of consumers vis-à-vis companies that collect personal data. Legislators are particularly targeting internet companies, but the new rules also apply to private landlords. When initiating a tenancy, owners collect personal data such as the age, salary and marital status of the prospective customers.

They usually also know bank details, email addresses and telephone numbers from their tenants. As soon as this information ends up on a PC, owners must pay attention to what the GDPR prescribes.

The regulation requires that the data be stored securely so that no unauthorized person can access it. Password protection and virus scanners are therefore mandatory on the PC. Without the consent of those affected, the following applies: Personal information may only be collected, archived and passed on sparingly, and only to the extent that is necessary for the purpose of the contract. If the data is no longer required, it must be deleted, for example when the tenancy has ended and ancillary costs and a deposit have been settled. The landlord must destroy data from prospective tenants as soon as it is clear that no contract will be concluded. The tenant has the right to know what personal information his contractual partner has stored about him and what he has disclosed to third parties. As a result, landlords must document which of these data they pass on to property management, for example. Landlords have about four weeks to provide the required information.

Well protected against unauthorized access - this is how sensitive data should be stored.

Photo: Fotolia / Peshkov

Four current judgments

In August there are current decisions of German courts. Read below what you mean for property owners, tenants, landlords and taxpayers.

A trampoline may also stand in an "ornamental garden"

Proud three meters in height and diameter - a large garden trampoline is undoubtedly hard to miss. Can a co-owner of an apartment building therefore require such a trampoline to disappear from the garden part of another party? The Munich District Court had to clarify this question recently. The owner argued that the community order explicitly provides for the use of the garden as a “decorative garden” and that the sight of the play equipment constitutes a very significant visual disturbance. The trampoline is allowed to stay, the court judged. Because there would be no structural changes here that would require the consent of the co-owners: the sports equipment can be dismantled, which also happened regularly in autumn. In addition, setting up play equipment is part of the typical use of garden areas in which children play. Case number 485 C 12677/17

A trampoline is part of the typical use of parts of the garden where children play.

/ Lenar Musin

Right to repayment of the deposit?

As long as the tenant and the landlord argue about the service charge settlement, the landlord may withhold the deposit. The Dortmund District Court recently clarified this. At the end of the tenancy, the landlord submitted an ancillary costs statement and asked for an additional payment of almost 640 euros. The tenant checked the data and was of the opinion that the costs for house cleaning and caretaker were clearly overpriced. He therefore sued for the release of his bail. The court dismissed the claim as currently unfounded. At the time the lawsuit was filed, a settlement was still pending for a few months of the following year. In addition, the repayment of the deposit is only due when the parties have agreed on the additional costs - or a final judgment has been issued. Case number 425 C 5350/17

Foreign TV: Internet replaces satellite dish

For a long time, landlords had to tolerate that tenants installed satellite dishes on balconies or roofs - especially for residents with a migration background: According to Article 5 of the Basic Law, foreign citizens have the right to receive TV programs from their homeland. For many years this was mainly possible via satellite TV. With the spread of television reception via the Internet, however, the legal situation has changed. The Frankenthal district court recently clarified this. Despite a ban in the rental agreement, a tenant installed a dish antenna so that he could watch TV in his native language. The landlord sued for removal and was right: Instead, the tenant could watch television via the Internet without great effort, without changing the look of the house, as a satellite dish does. Case number 3a C 183/16

Landlords do not have to tolerate a satellite dish if the tenant can also watch TV via the Internet.

Photo: Fotolia / Dusanpetkovic1

Owners implement renovation

The community of owners of an apartment building must pay for the renovation of moisture damage in the basement. So the Federal Court of Justice decided. In an old Hamburg building, the outer walls were so damp that the plaster peeled off. The unit affected three units in the basement, which were used as office and shop space. According to the expert, the renovation should cost 300, 000 euros. The majority of the owners felt that the renovation was too expensive. The owners concerned went to court - with success. The renovation must be carried out. By law, the community of owners is obliged to maintain community property - and this includes the outer walls - and to renovate it if necessary. Case number V ZR 203/17