MKM + PARTNER Attorneys at Law specializes in assisting clients with legal matters related to real estate and apartment ownership law.
- With in-depth expertise, we resolve conflicts, whether related to written form requirements or operating cost statements.
- Our expertise ranges from contract drafting to review, ensuring optimal results.
- By avoiding conflicts early in the contract initiation process, we take into account the needs and goals of our clients.
- MKM + PARTNER Attorneys at Law offers comprehensive support related to real estate and commercial leasing.
Real estate law is a vast,
conflict-prone area of law
that consists of various sub-areas,
which can often be difficult to penetrate
without specialized legal knowledge.
Residential Tenancy Law
Residential tenancy law is characterized by numerous legal challenges arising from both the complexity of the subject matter and the ongoing development of the law. For this reason, we place great importance on keeping abreast of the constantly evolving case law.
We are happy to advise you on the following topics:
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Drafting, reviewing, commenting on, and negotiating pre-contracts and commercial tenancy agreements
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Termination or extension of tenancy agreements
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Compliance with written form requirements
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Warranty claims arising from the tenancy agreement
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Legal options and consequences of structural changes
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Enforcement or defense against payment and eviction claims
KrecichwostRechtsanwalt I Equity Partner
AndreeRechtsanwältin I Fachanwältin für Miet- und Wohnungseigentumsrecht
WeissRechtsanwalt I Fachanwalt für Bau- und Architektenrecht
Commercial Tenancy Law
Tenancy agreements, particularly in the commercial sector, are usually designed for long-term contractual relationships and are therefore of enormous economic significance for both contracting parties. Forward-looking and legally secure contract drafting tailored to the specific needs of the contracting parties is thus essential.
Our Strengths
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Drafting, reviewing, commenting on, and negotiating residential tenancy agreements
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Rental security
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Cosmetic repairs
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Operating costs
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Modernization and maintenance
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Rent increases
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Reductions and damages
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Enforcement or defense against payment and eviction claims
Apartment Ownership Law
Apartment ownership law regulates the legal relationships between the respective owners of an apartment owners’ association. The two essential forms of ownership are individual ownership and common ownership.
Our Advisory Topics
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Legal capacity of the apartment owners’ association
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Rights and obligations of apartment owners, particularly usage regulations and special usage rights
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Annual statements and financial plans
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Appointment of administrators, rights and obligations of the administrator, their removal, and liability
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Duties and powers of the supervisory board
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Owners’ meetings
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Resolutions, challenges to resolutions, and resolution replacement
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Structural changes
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Judicial enforcement of service charge claims
Neighbor Law
Neighbor law regulates the rights and obligations of neighbors concerning their properties and buildings, so neighborly claims may also arise between neighboring property owners. We advise you on your legal options regarding potential or existing disturbances.
For example
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Imminent building collapse
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Deepening, overhang, and encroachment
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Danger from hazardous substances or installations
Lease and Brokerage Law
We stand by your side with our specialized expertise for both lease and brokerage law questions. To ensure a stable and harmonious relationship between the contracting parties of a lease agreement, it is essential to create a fair balance of interests between lessor and lessee already in the contract drafting stage. In brokerage law, the distinction between a discovery broker agreement and a mediation broker agreement is also important, particularly since the introduction of the client principle, which plays a key role in verifying any potential commission claims.
Our Services
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Drafting and reviewing lease, brokerage contracts, and GTC
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Termination of lease agreements
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Enforcement and defense against claims arising from lease agreements
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Enforcement and defense against commission claims from a brokerage agreement
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Broker liability
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Revocation of the brokerage agreement
Real Estate Due Diligence
Commercial real estate transactions are often complex. To assess and minimize potential risks in the purchase and sale of properties, conducting a due diligence is generally recommended. This involves a detailed examination of the property from legal, tax, economic, and technical perspectives. Only in this way can a potential buyer evaluate the opportunities and risks arising from the transaction.
Benefit from our expertise in the following areas
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Drafting and negotiating a Letter of Intent
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Advising on real estate transactions as asset deals or share deals
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Comprehensive legal and tax due diligence
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Drafting and negotiating the purchase agreement
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Defense against defect claims and enforcement of claims
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Advice on real estate financing issues
We are happy to provide you with our team of experienced attorneys from the fields of tenancy and apartment ownership law, construction and architects law, tax law, and insolvency law for all questions related to real estate law.
