Residential tenancy law is one of the main focuses of our law firm’s activities. We represent the interests of landlords and tenants alike. Due to our specialisation in this field we achieve optimal results for you.

How do we achieve your goals?

The recipe for success at Daryai & Kuo lies with avoiding lengthy processes from the outset, if possible, and in working towards a constructive and quick solution. This mediatory approach can often avoid clients having to undergo the strain of a court case. Such an approach is often advisable in the area of residential tenancy law, since tenancy agreements are generally long-term. Which means that the contracting parties often have to get along with each other for a long time. A poisonous climate often leads to unnecessary legal disputes.

At the same time, however, when handling your case we also make sure that your rights are protected in the best possible way. However, should it become necessary at a later date to enforce your claims and rights in court, we will create the conditions to achieve an optimal result for you.

Your specialists for residential tenancy law

As specialists for tenancy law, the lawyers Mr. Kuo, Ms. Schmietendorf, Ms. Winker-Wälde and Mr. Braeuer are there to answer all your questions about residential tenancy law. Thanks to his great knowledge of residential tenancy law, both theoretical and practical, Mr. Kuo bears the title of “Fachanwalt” (legal specialist) for tenancy and residential property law, awarded by the Berlin Bar Association. The lawyer Ms. Winker-Wälde has been a legal consultant to the Haus & Grund VS e.V. association in Villingen-Schwenningen until 2020.

Our fields of activity in residential tenancy law

We advise and represent you in particular but not exclusively on the following topics:

• Termination of rent contracts when this is caused by a need for personal use on the part of the owner, because the tenant is in rent arrears, or due to a breach of obligations
• Defects to the rented property – e.g. mould, water damage, asbestos – and rights of the tenant due to defects such as rent reductions, termination of the rent contract
• Cosmetic repairs – effectiveness of the cosmetic repairs clause, method of implementation
• Damage to the rented property – claims by the landlord at the end of the rental period, enforcement of repair measures in the current tenancy
• Deposit – repayment of the deposit upon termination of the rent contract, offsetting the deposit against claims by the landlord, effectiveness of a guarantee
• Rent increases – examination of any rent increase – compatibility with the Berlin rent index, the Berlin rent control measures and the Berlin rent cap – and explanation of any rent increase
• Drafting of contracts – drafting the rent contract, reviewing already concluded rent contracts
• and a great deal more

Another focus of our activities as a law firm is consultation and representation in the area of commercial tenancy law. We represent the interests of tenants as well as landlords and real estate managers.

How do we achieve your goals?

When representing tenants and landlords of commercial property, we attach particular importance to quickly finding an economically sensible solution to cases. In this way, we provide you with the planning security you need to concentrate on your business. Since legal disputes in court can drag on for years, we make every effort to reach a mutually beneficial and efficient solution with the other contractual party even before the court hearing.

Should it become necessary to enforce your claims and rights in court, we can represent you optimally due to our many years of experience in court proceedings. In doing so, we take care from the beginning of our assignment to protect your rights in the best possible way. Should it later become necessary to enforce your claims and rights in court, we will create the conditions to achieve an optimal result for you.

Your specialists for commercial tenancy law

As specialists for commercial tenancy law, the lawyers Mr. Daryai, Ms. Schmietendorf and Ms. Winker-Wälde are at your disposal. Due to the specialisation of several of our professionals in the field of commercial tenancy law, we achieve the best possible result for you. Thanks to his comprehensive practical and theoretical knowledge in the field of residential tenancy law, Mr. Daryai bears the title of “Fachanwalt” (legal specialist) for tenancy and residential property law, awarded by the Berlin Bar Association in 2010. Ms. Winker-Wälde was a legal consultant to the Haus & Grund VS e.V. association in Villingen-Schwenningen until 2020.

Our fields of activity in commercial tenancy law

We advise and represent you in particular but not exclusively on the following topics:

• Termination of the rent agreement – termination due to late payment, termination due to breach of duty
• Operating cost settlement – auditing the operating cost settlement, reviewing the contractual regulations for the apportionment of service charges
• Contract drafting and contract review – drafting rent contracts, reviewing draft contracts and already concluded rent contracts
• Defects to the rental property – e.g. mould, water damage, construction sites in the neighbourhood – and rights of the tenant due to the defect – rent reductions due to defects, termination of the rent contract
• Cosmetic repairs – effectiveness of the cosmetic repairs clause, method of implementation
• Damage to the rental property – claims by the landlord at the end of the rental period, enforcement of repair measures in the current rental period
• Deposit – repayment of the deposit upon termination of the rent contract, offsetting the deposit against claims by the landlord, effectiveness of a guarantee
• and a great deal more

If you want to buy real estate or sell or transfer a property, you will often find yourself with a seemingly unmanageable pile of documents. Here you will find, among other things, useful information to help you better understand the partition declaration, the business plan and the minutes of the last condominium owners’ meetings. The latter in particular often contains valuable information about the “climate” in the condominium owners’ association and about any upcoming measures (which could be costly, for example, string renovation). If it looks like you might be about to lose your home, we will take countermeasures and do everything possible to help you keep your property.

How do we achieve your goals?

We help you to pick out the relevant information from all the documents and to sort them out and make sense of them. We also check the purchase agreement and advise you on whether it is balanced and fair, on changes that may be necessary or even risks that may exist. If desired, we will accompany you through the entire purchase or sale process and ensure that the transaction is completed as smoothly and quickly as possible. If enforcement measures or even an auction sale are imminent, we will examine the legal situation and then try to reach an amicable and cost-saving settlement with the other party.

Your specialists for real estate law

As specialists in real estate law, the lawyers Mr. Kuo and Ms. Winker-Wälde are there to help you with any and all questions you have about your property. Mr. Kuo is a legal specialist for tenancy and residential property law and has passed his exams as a notary public. He gained a great deal of experience in the area of real estate property transfers when he worked representing a notary public and during the numerous consultations he has given in recent years. The lawyer Ms. Winker-Wälde has also been a legal consultant to the Haus & Grund VS e.V. association in Villingen-Schwenningen until 2020.

Our fields of activity in real estate law

We advise and represent you in particular but not exclusively on the following topics:

• Transfer (purchase or sale) of apartments, houses and other real properties
• Foreclosures and compulsory partitions by public auction
• Transfer of apartments, houses and other real properties by way of anticipated inheritance – Provision of tax-free allowances (inheritance tax) in close cooperation with an experienced tax advisor
• Non-performing real estate loans
• Heritable building rights and leaseholds
• Real estate foreclosures

One focus of our activities is the area of labour law. Here we represent employees and employers as well as representatives to defend the interests of employees.

How do we achieve your goals?

Legal disputes in the field of labour law can be a considerable burden for both employees and employers. For this reason, we try to resolve labour law disputes quickly and efficiently in the interest of our clients. Where possible, our first approach is therefore to try and reach an amicable agreement with the other party.

In the field of labour law, in particular, an out-of-court solution is not always possible. Legal action to protect employees against dismissal and against limited employment contracts must be brought before the courts within a short period of time. We then support you with our knowledge and experience in court proceedings if they are unavoidable.

Your specialist for labour law

Mr. Daryai, lawyer, is our office’s specialist in consultation and representation in the field of labour law. In 2016, Mr. Daryai passed his advanced examination and thus completed the theoretical part to obtain the title “Fachanwalt” (legal specialist) for Labour Law. Due to his many years of experience both out of court and in court as a lawyer and specialist in labour law, Mr. Daryai is the best person to assert your interests in a labour dispute.

Our fields of activity in labour law

We advise and represent you in particular but not exclusively on the following topics:

• Termination of your employment contract – dismissal for operational reasons, dismissal due to a breach of duty, legal action against unfair dismissal
• Fixed-term employment contracts – review of the fixed-term employment contract, legal action against fixed-term employment contracts, drafting contracts
• Warnings issued at work – examination of a warning, explanation and defence against warnings
• Job references/assessments – examination of the job references as to their proper content, enforcement of the right to change a job reference
• Drafting and review of contracts – overtime regulations, exclusion periods
• Wage claims – enforcement of claims to wage payments, compensation for overtime
• Government-funded short-time work programme – examination of regulations on short-time work
• Advice to and representation of works councils
• and a great deal more

You are welcome to come to us with questions involving a variety of contract types, including those related to car purchases, loans, and loan guarantees. We advise you on your legal rights and claims you are entitled to, and will help you seek remedy in the event of a breach of contract.