Guides
Plain-language guides on the most common tenancy and employment questions.
Mietrecht
- Termination for the landlord's own use: when it is valid and what you can do A termination based on the landlord's own use is only valid under strict conditions. A formal error, a missing justification or a case of hardship can overturn the termination.
- Rent Increase: When It Is Permissible and When You Don't Have to Agree A rent increase is only effective under certain conditions and limits. Often you have to expressly consent to it – and you can refuse if the requirements are not met.
- Rental Deposit: Amount, Investment and Repayment under § 551 BGB The rental deposit is capped by law and must be held by the landlord securely and with interest. You do not have to accept a deposit that is too high or improperly regulated.
- Rent reduction: which defects entitle you to reduce the rent If your flat has a defect, the rent is reduced by operation of law. With a proper notice of defect and a reasonable reduction percentage, you can cut the rent without risking termination of the tenancy.
- Mietspiegel (rent index): What it means and how it caps your rent The Mietspiegel (local rent index) shows the local comparative rent for your city. It is the most important tool for checking a rent increase – and often your strongest argument against one.
- Modernisation: Duty to Tolerate, Notice and Rent Increase With a modernisation you usually have to tolerate the works – but afterwards the landlord may pass on only a limited share of the costs to the rent. Form and deadlines are decisive.
- Service Charge Statement: Deadlines, Apportionable Costs and Common Errors Many service charge statements are flawed. If you know the deadlines and which costs may be apportioned, you can review an additional payment and reject unjustified items.
- Cosmetic Repairs in the Tenancy Agreement: When the Clause Is Invalid Many tenancy agreements shift the cosmetic repairs onto the tenant. Very often, however, this clause is invalid – in which case the obligation stays with the landlord and you do not have to redecorate when you move out.
- Subletting: When You May Sublet and What to Keep in Mind Subletting a flat in whole or in part is permitted – but only with the landlord's consent. For partial subletting you even have a legal right to consent where you have a legitimate interest.
Arbeitsrecht
- Abmahnung in German Employment Law: Requirements and How to Respond An Abmahnung (formal written warning) reprimands a specific instance of misconduct and threatens consequences. It is often the precursor to a conduct-related dismissal – but it must meet strict requirements to be valid.
- Employment Reference (Arbeitszeugnis): Entitlement, Grades and Hidden Wording You are entitled to an employment reference that is benevolent and at the same time truthful. Behind seemingly friendly phrasing, however, grades are often hidden – and you should know how to read them.
- Termination Agreement (Aufhebungsvertrag): Blocking Period, Severance and What to Watch Out For A termination agreement (Aufhebungsvertrag) ends the employment relationship by mutual consent. It can bring advantages, but it also carries risks — above all a blocking period (Sperrzeit) for unemployment benefits.
- Fixed-term employment contract: when the time limit is invalid under § 14 TzBfG A fixed term is only valid if the conditions of § 14 TzBfG are met. If they are not, the employment is treated as permanent – something you can enforce by bringing an action to have the fixed term declared invalid (Entfristungsklage).
- Parental Leave: Entitlement, Registration and Protection Against Dismissal Parents are entitled to up to three years of parental leave per child. Those who meet the registration deadline also enjoy special protection against dismissal.
- Illness at Work: Continued Pay, Sick Notes and Dismissal Anyone who falls ill is generally entitled to six weeks of continued pay. What matters is reporting the illness on time and the question of whether dismissal on grounds of illness is permissible.
- Termination of the Employment Contract: Protection Against Dismissal and the Three-Week Deadline Not every dismissal is valid. If the Protection Against Dismissal Act applies, the employer needs a recognised ground – and you have only three weeks to challenge it.
- Minimum Wage: Entitlement, Non-Waivability and Forfeiture Clauses You are always entitled to the statutory minimum wage – regardless of what the contract says. A waiver or a forfeiture clause cannot exclude the minimum wage.
- Probationary period: notice period, duration and protection against dismissal During the probationary period, either side can terminate the employment with a notice period of only two weeks. More important than the probationary period itself, however, is the six-month qualifying period for protection against dismissal.
- Overtime: When "compensated by the salary" is invalid The clause "overtime is compensated by the salary" appears in many employment contracts – but it is often invalid. In that case, the overtime worked must be paid.
- Leave Entitlement: Minimum Leave, Carry-Over and Payment in Lieu Every employee is entitled to paid minimum leave. Remaining leave does not lapse automatically – and upon termination of the employment relationship it must be paid out.
- Post-Contractual Non-Compete Clause: Compensation and Validity A post-contractual non-compete clause binds you only if it provides for adequate compensation for the non-compete period and complies with the statutory requirements. Otherwise it is void or non-binding for you.