Only one living space: Challenge a blanket refusal of partial subletting
Partial subletting does not necessarily require a second room. Concretely describe the actual handover concept and the remaining possession.
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Already consented to the rent increase: Do not rely on a distance-contract right of withdrawal without checking
Consent to a comparative rent increase cannot be withdrawn simply because it was exchanged by letter as if it were an online purchase. Check the specific route of the increase and the declaration already given.
Personal use (Eigenbedarf) for the cousin: Clarify the family concept before the hardship assessment
A close personal bond does not arbitrarily expand the statutory family circle for Eigenbedarf. Examine the stated reason for use before relying solely on a hardship argument.
Deception suspected after a need‑based move-out: Examine the eviction settlement when considering a claim for damages
After a need‑based move-out the significance of a prior eviction settlement can become important again. Examine alleged deception, damage and any waiver concretely.
The defect has been known for years: Check a refusal on grounds of limitation in the ongoing tenancy agreement
A long-known defect raises a different question of time than an old monetary claim. Separate the current claim for performance under the ongoing tenancy agreement from possible further defences.
Moved in unrenovated, now heavily worn: Assessing a renovation claim during the tenancy
A flat taken over unrenovated can deteriorate significantly further. Check the contractual situation, the former and current decorative condition and appropriate cost participation.
Withholding rent for defect remediation: distinguish limitation and later payment from the reduction
Withheld rent is not a final discount. Separate justified reduction, limited means of pressure and later due date based on the complete payment status.
A new building next door: analyse construction noise for a possible rent reduction in detail
A neighbouring construction site does not justify a blanket reduction rate. Check the concrete impairment to the flat, contractual situation and defence or compensation options in an orderly manner.
The deposit is offset against an old return damage: examine limitation and set-off separately
An old return damage is not disposed of solely by the six-month question. Check the special set-off situation for a cash deposit and the actual damage separately.
Modernisation has not started for a long time: Checking a possible breach of duty under § 559d
A long‑delayed start of construction can trigger a special presumption of breach of duty. Examine the announcement, actual course, possible reasons and your own damages separately.
Continuing to live in the flat after the tenancy ends: Check a claimed tacit extension
Continuing to live in the flat after the tenancy ends can raise a particular continuation question. Examine actual use, knowledge, opposing will and contractual provision together.
Heating costs billed only by area: Correctly delimiting a possible 15 percent reduction
A pure area-based statement can give rise to a right to a reduction. First check the billing framework, permissible basic costs and exceptions, then determine the affected personal cost share.