Modernization (tenancy law)

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Under modernization is understood within the Housing Tenancy by the legal definition in § 555b BGB structural changes,

  1. through which final energy is sustainably saved in relation to the rental property ( energetic modernization ),
  2. the non-renewable primary energy saves sustainably or the climate is sustainably protected, unless an energetic modernization according to No. 1 is already available,
  3. through which the water consumption is sustainably reduced,
  4. through which the use value of the rental property is sustainably increased,
  5. through which the general living conditions are improved in the long term,
  6. which are carried out due to circumstances for which the landlord is not responsible and which are not maintenance measures according to § 555a, or
  7. through which new living space is created.

General

It was up to the legislature to clarify these issues . Therefore, the regulation of § 555b BGB was introduced in May 2013. From a legal point of view , it contains a concluding list that may not be expanded through case law . All other work that is required for the maintenance or repair of the rental property is referred to as maintenance measures ( Section 555a (1) BGB).

Legal issues

The demarcation of "modernization" and "maintenance measures" is a frequent point of contention between landlords and tenants, since the costs of maintenance are to be borne by the landlord ( Section 535 (1) sentence 2 BGB) and, in contrast to the costs of modernization, not Ways of the modernization levy can be passed on to tenants. Maintenance and repair work serves to prevent or eliminate defects in the sense of § 536 BGB. The demarcation from reimbursable modernization measures is a question of the individual case. Are z. If, for example, box double windows in need of repair are exchanged for plastic double-glazed windows, this does not require modernization.

In the case of publicly funded living space , the special provisions of the Housing Binding Act (WEG) in conjunction with state law apply to rent increases after modernization measures have been carried out .

Since Section 22 (2) WEG expressly refers to Section 555b of the German Civil Code (BGB), these modernization measures also apply to residential property ; Here modernizations and modernizing repairs in particular are covered by this provision and limited to Section 555b No. 1–5 BGB.

Individual evidence

  1. ↑ on the other hand: AG Berlin-Mitte, judgment of October 14, 1999 - 4 C 263/99, MM 2000 p. 280
  2. ↑ for this: AG Rostock, judgment of January 31, 1996 - 41 C 225/95, GE 1996 p. 1251
  3. ↑ Rent increase with rent control (social housing) Mietrechtslexikon.de, accessed on August 29, 2019
  4. ↑ Ulf Börstinghaus : Publicly funded housing construction after the federal reform of November 25, 2009
  5. ↑ Rolf Stürzer / Michael Koch / Georg Hopfensperger / Melanie Kolbeck / Detlef Sterns / Claudia Ziegelmayer, Praxishandbuch Wohnungseigentum , 2007, p. 75 f.