It's madness! Over a thousand judgments are handed down on tenancy law every day. Loudness, breaches of contract, disputes over deposits, cosmetic repairs or renovations, terminations or rent increases - disputes over rental matters are booming. Over 17.6 percent of all proceedings that are ever heard in court are in the area of tenancy law. But what is allowed? What is prohibited? Our summary of current and important tenancy law rulings will help you find your way through the jungle.

Tenancy law: rulings on renovation

Cosmetic repairs must be carried out by the landlord: If you only live in an apartment for a short time, you don't have to pick up a paintbrush yourself or pay a proportion of the costs for cosmetic repairs. Tenancy law says: Cosmetic repairs are the landlord's responsibility. Genuine repairs, such as broken tiles, must be repaired by the tenant. BGH, Ref.: VIII ZR 242/13

Landlord pays for repainting: Anyone who takes over an unrenovated apartment and has not received any financial compensation from the landlord does not have to carry out any cosmetic repairs - neither during the rental period nor when moving out. The tenant also does not have to pay any compensation for neglected renovations. Clauses to this effect in the tenancy agreement are invalid (BGH, case reference: VIII ZR 21/13). But: If the apartment was taken over renovated, cosmetic repairs are due at the latest when moving out. BGH, Ref.: VIII ZR 185/14

Scratches in the parquet? Landlord pays for renovation: Small scratches (especially in the entrance area) and slight discoloration of the parquet are quite normal signs of use. The tenant pays the rent for maintenance. Nothing more! The landlord is responsible for renovating the floor in any case. BGH, Ref.: VIII ZR 48/09

Tenancy law: Rulings on rent increases

Measure the apartment yourself: The owner wants more money? Then he must state the square meter basis on which he is calculating the increase. Previously, he was allowed to be 10 percent off. BGH, Ref.: VIII ZR 266/14

When can the landlord demand more money for the rent? Every twelve months. However, he may only increase the rent by a maximum of 20 percent within the last three years due to the rent cap, and in areas with a housing shortage by as little as 15 percent. Example: You paid 500 euros three years ago, the landlord wants 80 euros more rent in view of the rent index. An increase of up to 100 euros (20%) is permitted, and only 75 euros for 15%. You may reduce the claim by 5 euros. LG Berlin, Ref.: GE 2014, 462

Hands off the deposit: The deposit has a fiduciary character. The apartment owner may not touch or even squander the deposit if he is not solvent or if he does not like a rent reduction. This is completely inadmissible. BGH, Ref.: VIII ZR 234/13

Tenancy law: Rulings on the landlord

Eviction for smoking: The landlord may terminate the tenancy if the neighbors are massively disturbed (LG Düsseldorf, Ref.: 21 S 240/13). But: The Federal Court of Justice overturned this tenancy law ruling due to procedural errors, now the case will be renegotiated.

If you don't pay, you're out: If two months' rent is due, the landlord can terminate the tenancy without notice. This also applies to Hartz IV recipients whose application for housing benefit has not (yet) been approved. BGH, Ref.: VIII ZR 175/14

Selling the apartment? Landlord must ask tenant: An owner may not sell an apartment that he wants to get rid of to a stranger. His tenant has the right of first refusal. Otherwise there is a risk of compensation. BGH, Ref.: VIII ZR 51/14

The landlord may register his own requirements at any time: Bad luck if the tenant has only just moved in - but if he needs the apartment for his own use, he still has to leave. BGH, Ref.: VIII ZR 154/14

Tenancy law: Rulings on rent reduction

It is not a defect if the neighbor rents to tourists: If someone from the house community offers their apartment on accommodation portals, this does not automatically constitute a defect. You may only reduce the rent if you can prove in a protocol e.g. noise, night-time ringing, garbage in the hallway. BGH, Ref.: VIII ZR 155/11

Rent may be reduced ... if the heating fails from October to December - by 70 percent (AG Charlottenburg, Ref.: 216 C 7/13) and by 80 percent if you have rats in the apartment (AG Dülmen, Ref.: 3 C 128/12). But: The landlord must be notified of the defect in writing, including by email. A reduction may only be made from this date.

What to do in the event of water damage? If the defect causes mold and two noisy drying appliances have to be installed, the tenant has the right to reduce the rent by 80 percent. LG Cologne, ZMR 2012, 625

Tenancy law: Rulings on neighbor noise

New floor, more noise: When a floor is replaced, the neighbors have to put up with louder noises. This is because the noise protection regulations of the year of construction apply. Particularly in older buildings, residents must expect to be disturbed by noise, TV noises or snoring without having any legal recourse. BGH, Ref.: V ZR 73/14

Smoking on the balcony? Yes and no. It is permitted to smoke on the balcony, but if the blue haze disturbs the neighbors too much, smokers can be obliged to adhere to certain smoking times. There is no generally applicable ruling. Binding tenancy law rulings are likely to follow. BGH, Ref.: V ZR 110/14

Is children's noise acceptable? Yes! Children's noises are part of life and must be accepted. Rent reductions due to children's noise are inadmissible. Because, say the judges, it is "music" (BGH, ref.: VIII ZR 197/14). Parents do not always need to be right next to their children. A small child may move as far away as calling distance. OLG Koblenz, Ref.: 5 U 433/11

Tenancy law: Rulings on operating costs

Sweeping may be apportioned: If the landlord does this work himself, he can charge as much as a professional - but without VAT. BGH, Ref.: VIII ZR 41/12

Landlord missed the deadline? You don't have to pay: The landlord must send the service charge invoice twelve months after the billing period, so for 2015 it must be received by 31.12.16. If the deadline passes, you do not have to pay anything in arrears. However, your credit balance does not expire in this case. BGH, ref.: VIII ZR 84/07

Error? Billing is void: The distribution key is missing (BGH, Ref.: VIII ZR 27/10)? The landlord uses cryptic abbreviations (BGH, Ref.: VIII ZR 295/07)? These formal errors devalue the statement. The landlord will only get money if he corrects them on time.

What happens if I think I'm paying too much on account? To clear up any doubts, you can view your neighbor's bill. Personal data will be blacked out. LG Berlin, Ref.: 65 S 141/12