Rented property: termination due to own need

Owners have the right to terminate because of own need, as long as the notice of own need meets all legal deadlines, which are 3 to 9 months. In general, you as landlord and owner must really need the apartment for yourself or a family member, there must be understandable and valid reasons.

Here are the facts in brief:

• Legal deadlines between 3-9 months
• Comprehensible reason

Read here everything about the law on own use/ Immobilien-Erfahrung.de

Own need: reasons and beneficiaries

Own use must always be justifiable and may only be available for the closest family members.

Reasons for own use: examples

The desire to own must always have a long-term component; A short or temporary use as a transitional phase would not be a justification.

• Desire to live in own apartment / house
• Desire to have children, housing expansion
• Second home or house, absolutely necessary for professional reasons
• …

Beneficiaries: Examples

You can use personal use for yourself or for “beneficiaries”. But, who is included? Recognized are:

• Children
• Parents
• Grandparents
• Siblings
• Grandson
• Nieces and nephews
• Children-in-law and parents-in-law (if marriage still exists)
• Separated spouses (without divorce petition)
• Registered civil partner (without current request for annulment)

Next step: comparison of layer types

You have the necessary change together and have decided to invest in a property. But where exactly do I buy this property? First of all, the question arises: yield or investment property? This question plays a major role in the choice of location of a property for capital investors but also owner-occupiers. What exactly does A, B or C location mean and what are the differences? Read here everything about the location of real estate with its advantages, disadvantages and risks.

Divorce with separation year

The separation year is intended to give spouses one last chance for reconciliation and enough time to think about this life-changing decision.

Benefits and key legal facts

The law provides many guidelines that couples must adhere to. These include, for example, the separation year that couples must go through before a divorce can be final. This topic raises many questions, such as:

• How much does the divorce cost?
• How soon can you file for divorce?
• What all do you need for the divorce?
• How quickly can you get a divorce?

So that you are prepared for the divorce and the separation year, we answer all the important questions for you!

Legal requirements – cooling-off period with fixed rules

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even if the separation year is seen by many married couples as harassment or pure burden, the intention behind the regulation is clear. The decision should be able to be reviewed and possibly revised in the given time. In addition, the time is useful to take care of some things that are important for the further course of the divorce, such as the divorce settlement agreement.

Although there is an obligation to prove that the separation year has been completed, it is not possible to apply to the court for the beginning of the year or to have it notarised. It therefore makes sense to record the beginning in writing. A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example for such a decision can be extreme domestic violence, which the court classifies as undue hardship.

• The separation year should be considered as a reflection period for the couple
• Shortening of the year of separation shall be permitted only in special cases

Benefits – the advantages and disadvantages for married couples

The separation year should not only be used to review the right decision, but can also be used to arrange important things for the divorce. These things include, for example, the insurance or the divorce settlement. In particular, health insurance must be rewritten and amended, since spouses are usually insured together in a family insurance. However, joint rental agreements for real estate must also be amended and rewritten at an early stage. In addition, the joint bank accounts, if any, should be separated and joint financial obligations, such as credits and loans, should be dissolved.

Probably the most important, however, is the divorce settlement agreement. This can be determined by the spouses during the separation period in order to avoid costly negotiations before the family court. In this agreement, practical things such as the contact with the children, their maintenance and custody as well as the handling of property matters, the own maintenance and the fair division of the household goods are regulated. If the spouses are in agreement, this document will help with a quick and inexpensive divorce. The document must be notarised by a notary public and always be set down in writing in order to be valid in court.

• The separation year can be used to clarify important matters for the divorce
• A divorce settlement agreement can be drawn up by the couple to simplify the divorce process.

Reconciliation in the separation year – the legal framework conditions

The separation year primarily provides reflection time for both partners to think through the situation and the marriage from the bottom up and not make the decision to divorce thoughtlessly. Reconciliation during the separation year is therefore not uncommon, as the partners often find their way back to each other. However, such reconciliations are subject to legal frameworks to accurately determine the impact on the separation year.

Attempts at reconciliation – when is the separation year interrupted?

Attempts at reconciliation during the separation year are permitted by law, but are subject to certain guidelines. Attempts at reconciliation that are only short-lived and usually do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

During the separation year, the partners should therefore think carefully about the reasons that led to the separation in the first place and whether a reconciliation is possible in their own interest or not. Both partners should therefore not rush the separation year and take things rather slowly. As nice as the idea of a reconciliation is, in some situations the relationship is simply too shattered for another attempt.

• Attempts at reconciliation of about three months do not interrupt the separation year
• In the separation year, attempts at reconciliation by partners should always be approached slowly

Questions & Answers

Especially in the case of contentious divorces, the legal situation is not always clear and there are many unanswered questions for the spouses. So that you know exactly about the regulations around the separation year, the most important questions.

Can you file for divorce before the separation year?

In principle, the divorce can only be filed after the separation year, because according to German law, the spouses must live at least one year apart before the divorce may be filed. Only in special exceptional cases, the divorce can be filed before.

Can the divorce be denied?

Divorce can be refused by the spouse in principle. However, this is not possible on a permanent basis, as a compulsory divorce can be decided by the court after three years at the latest.

Who pays the costs in a divorce?

The court determines the costs of the proceedings, including the lawyer’s fees. These are divided so that each party pays its own legal fees and half of the court costs.

How to shorten the separation year?

The separation year cannot generally be shortened. Shortening or omitting the separation year is generally only possible if there is evidence of hardship.

What all do you need for the divorce?

The following documents are always required for a divorce: Marriage certificate or family record book in the original or certified copy, the birth certificates of the minor children and possible marriage contracts and/or divorce settlement agreements.

How long does it take from divorce petition to divorce?

The length of the divorce usually depends on whether it is amicable or contested. Amicable divorces can take between one and six months, while contested divorces can take more than a year.

How much does a simple divorce cost?

The costs of a divorce are determined by the court and are based on the value of the proceedings. To calculate this value, the income and assets of the spouses are included.

Shit happens! Make it a T-shirt

Projects fail due to internal or external influences that you as an entrepreneur can sometimes not count on. For me it was the “Social Analytics” investment, for example. A few weeks after the launch of our software “Social Analytics”, Monitoring and Influencer Management for Instagram, we had to stop the service again. Our mistake, we had underestimated the risk that Facebook would restrict third-party access. Almost three quarters of a year of work and preparation were within seconds for the cat. So it’s not always just about opportunities and risks, advantages and disadvantages, even access restrictions, whether from social media networks or suppliers, can quickly put you in your place. After all, you have a beautiful story and learn from your experiences!

Many have failed with a business idea

As strange as it sounds, many icons from the business world say that they have always learned the most from their mistakes, sometimes even more, than from successes and the best ideas! You can then contribute your expertise to many discussions or projects. In this respect, you no longer have a business model, but your history and learnings, which will certainly be of interest to others.

At this point I would like to point out three quotes from great entrepreneurs, which I find very inspiring myself. Mister Thomas Edison has also had the experience of failure, the man to whom we owe the light bulb, among other things.

Quotes on failure

Even he liked to talk about his failed projects and still shapes entrepreneurs worldwide:

Mr. Thomas Edison

“I didn’t fail – I discovered 10,000 ways that didn’t work” – Mr. Thomas Edison

In the area of the great inspiring quotes and the great entrepreneurs, it is also worth taking another look at Mister Henry Ford. The man I already mentioned in relation to the calculation of marketing tasks with the sentence: “For every dollar you put into your product, you have to have another one ready to make the product known”. Henry Ford also frequently referred to the topic of “failed projects” and “failure” per se. The second quote that I will mention in the context of the book refers to the absolute beginning, the foundation. Starting a business is like playing football with friends as a little boy. It’s just fun! If you don’t take that into account, you give up quickly and that happens in most cases. If you manage to stay in the market alone for three, five, or even seven years, that’s half the battle, because most of your initial competitors automatically disappear after some time. So you don’t have to focus too much on the others. Concentrate on your success and on yourself as an entrepreneur. That’s why Henry Ford said:

Mr. Henry Ford

“There are more people who surrender than those who fail” – Mr. Henry Ford

To achieve all this, you need attention to detail and precision! That’s why here’s my favorite quote from Confucius. From spontaneous device failures of several notebooks in the office, to spontaneous flu waves in winter and high levels of illness, to demanding customers and projects, to waiting for the craftsman.

Confucius

“If one is not patient in small things, one brings the big projects to failure” – Confucius

Not only the old teachers have failed, of course the younger icons in business have also fallen on their noses a few times with projects.

Lose fear of the risk

So that you can continue to lose your fear of risk, here are three truly fascinating examples from the business world. Trial-and-error, that means trying and failing. The principle belongs, so to speak, to good entrepreneurship! Who does not also fail sometimes, dares in the reverse conclusion too little new. When they fail, it’s similar to the great buildings of history: We’re all talking about the pyramids that are still standing. Thousands and thousands of pyramids have been built. So that we do not always look only at the great successes, here is also a look at the attempts of large entrepreneurs to establish new business models.

failure at a young age: Today’s icons

Jeff Bezos, founder of Amazon and currently the richest man in the world – despite a billion divorce and costs of over 35 billion – failed with several Amazon projects. Morten Lund, founder of Skype, one of the communication platforms for video telephony, slipped into bankruptcy twice. Then the story of Bill Gates, Microsoft founder, his first software first nobody wanted to have. In the end, he even offered it for free, but nobody used it. Shortly thereafter, he founded Microsoft. The rest is history! These three giants in the digital industry are friends of principle trial-and-error. A small excerpt:

Jeff Bezos (Founder: Amazon)

Beside all successful projects, like one of the biggest online shops of our time or current and new the space travel and the colonization of the moon, there were also a few projects which did not go down so well with the society. His search engine A9 should become a competitor model to Google. Market shares could not be gained and so the project was terminated at the end.

But he also wanted to create a competitive model for eBay. This means that not only professional traders can trade, but also private individuals. “Amazon Auctions was the name of this project. This was also discontinued without success after a short time. Here you can see how difficult it is to compete against good and established products and to dare something new and to establish it on the market. Google, but also eBay are already so well positioned and function almost independently that it is difficult to get people to move to new platforms and switch.

• Search engine A9 – fail
• Amazon Auctions – fail

Morten Lund (Founder: Skype)

Morten Lund, Skype founder, is an excellent example of the skipjack of today. He had his first insolvency at a young age. His first business model: to sell Abitur hats. In Denmark, Abitur hats are the absolute bestseller for school leavers. Unfortunately, he did not manage to sell his hut, as it is an extremely seasonal business, he had to declare bankruptcy in 1994, immediately after the graduation celebrations. It shouldn’t be that way! Fifteen years later, he went bankrupt for the second time, in 2009. In fact, he had managed to organise all the money earned by Skype, the investment in 2003 and the subsequent growth spurt, in such a way that he went bankrupt for the second time. Nevertheless, he has not given up and since 2016 he has actually been debt-free again. A great example of a role model for someone who also fails in higher spheres and not only with a single project, but also privately.

• 1994 Insolvency (sale of high school graduation hats in Denmark)
• 2003 Invest in Skype, made millions
• 2009 Insolvency #2
• 2016 Debt relief

You can learn from Morten Lund’s story as an entrepreneur. Give up? What’s the matter with you? Those who really believe in themselves should always go on and believe that they will make the breakthrough at some point. Others have finally made it!

Bill Gates (Founder: Mircosoft)

Bill Gates is one of the most fascinating companies in the world for me. Not only did he start his business out of a garage, he became the richest man in the world and gave up half. What Bill Gates also deserves credit for is that he managed to leave his own company at a very good time. Many remain in the company until they are old and then do not find the right successor. Bill Gates took early care of a structure that would replace him. Hats off, Mr Gates! From garage to richest man in the world and back to privateer. Everyone starts with their first business idea. Will it directly become a million or even billions of ideas?

His first business idea was born in the high school “Traf-O-Data”. The software made it possible at that time for the very first time to carry out automated traffic counting, no longer by people with pen and paper. During the first presentations, however, the demonstration did not work without errors. The interested parties were less enthusiastic and so in the end not a single authority was interested in the software solution. Bill Gates was so frustrated that he ended up offering his software completely free of charge. Still, she didn’t want an agency. A typical moment to say, “I can’t do it.”

But no! Short time later, he developed in collaboration with his high school friend Paul Allen “Microsoft”. Since the beginning of the computer era, the world’s most popular operating system for computers and notebooks.

• High School: “Traf-O-Data”: Demo did not work (road traffic census), later free of charge, yet no authority wanted it
• Learned intensive software writing
• foundation “Microsoft”

Three icons whose products everyone knows. Amazon, Skype and Mircosoft. Three entrepreneurs who have experienced setbacks in their lives and yet remained steadfast. Believing in yourself moves mountains, as you can see from these examples, it is not a saying.

Amazon founder Jeff Bezos is currently even competing with other American greats such as Elon Musk or Virgin founder Sir Richard Branson. You and other multibillionaires are about to conquer nearby space. Elon Musk company SpaceX focuses mainly on logistics between earth and orbit. Jeff Bezos wants to be the first to colonize the moon permanently and thus provide a stopover for future Mars landings. Virgin goes mainly to space tourism and flights in nearby orbit…

Think big!

And already we are away from failure and from the big ideas that change the world! The perfect transition for you and your business idea.

Failure – Top 11 reasons

Go geht´s! Here are the top 11 reasons why so many start ups fail in the first 5 years:

Place 1 – The market does not need them

The third Burger Restaurant in the street, another brand that Cola offers in the beverage trade, a new car brand with a combustion engine that wants to be at the forefront. Who needs that? Nobody! Therefore the missing market is also number one when it comes to the failure of start ups. Your product fails because there is no need for it.

Place 2 – the money goes empty

The absolute classic and also often mentioned here: Finances must always be solidly planned and of course also handled in the operative business. If you calculate projects incorrectly, you will quickly run into difficulties with payments. Once this point has been reached, there are, unlike with private individuals, hardly any deadlines and certainly no postponement. You didn’t pay the rent? The business landlord can sue you almost immediately if the payment reminder and reminder are through. Employees are not paid? They’re understandably quicker gone than you can look. The supplier doesn’t get his money? Then you won’t get any more goods. No goods, no deliveries, no sales. Financial problems, number two in the list of reasons why start ups fail.

Place 3 – The wrong team

When it comes to personnel, there is of course a lot to consider, but in the end it all depends on the entrepreneur and the right decision as to who should be in the team and who should not. If these decisions are made wrong and the wrong people are hired without the right knowledge and motivation, a project can fail in the long run. After all, the person costs money and in the end nothing is earned, which is why follow-up costs arise due to lost profits. Your team must therefore be well selected, trained and able to deliver practical performance.

Place 4 – The competition gets you ready

Sounds hard, but it is! Especially in the area of software, the possibilities of adopting concepts are fast. Of course, this also applies to simple products. Producers in the Far East can copy any kind of product if they have the necessary small change.

A friend of mine had a successful cereal bar. Approximately 15 months after its foundation, the same product came onto the market from a large manufacturer. The direct competition stood overnight on all supermarket shelves. The name, almost identical. The composition, same. The outfit, right away. To compete as a start-up against the international food company is a big challenge. Competition can quickly destroy the business, especially when the business idea is particularly easy to adopt. That’s why you need a good entrepreneur who stands completely behind the whole, has experience and knows how to compensate your own deficits and how to position your own brand skilfully next to the competing product. At the end also an absolute success story, sold!

Place 5 – failure by price and cost

Determining the prices of products is not easy with under! The more difficult it is to quantify a product, the more complex the price calculation becomes. A screw, for example, can be quantified quite accurately. A certain material price, a certain production time, certain electricity and personnel costs. Ultimately, an exact figure of 0.37 euros net per screw is on sale. Whoever opens a start-up in the field of influencer marketing has a much more difficult time. How exactly can two postings plus one story be calculated from a specific person with a specific number of followers, an individual number of interactions? Each offer is correspondingly costly and time-consuming. Find the right price so customers can access your job. Ultimately, that’s exactly how it can fail. In the same part, the costs for procurement, for example, for material, are added. If you don’t manage to reduce costs over time, your profits won’t rise, or will rise very slowly. The profit lies in purchasing!

Place 6 – Your product is bad

Honest but true, your product can also just be bad! The workmanship is not right, the quality, the shelf life is poor, but maybe you’re just harvesting a Shitstorm because your product is discredited because of a quality that hasn’t been considered before. Everything was right and in the end only one detail was decisive for the entire business model to collapse. The same can of course happen if you can’t keep up with your competitors in a certain period of time. If, for example, a new industry is opened, such as bus transport in Germany or, for some time now, electric scooters, then the development in the market is extremely fast. Business models adapt within a few weeks, after one or two years the first competitors merge and after three or four years the market clears itself of its own accord. If your product can’t keep up with the market fast enough, people will buy from the competition.

Place 7 – gaps and errors in a business model

Here is a good best practice model from the United States. A big music festival, with big investors. Location of the mega festival should be the island of the former drug baron Pablo Escobar. Everything was discussed with the family, the island was allowed to be used on the condition that no advertising was made with the name of the family. Of course that’s exactly what was done and directly advertised in the first commercial that the festival takes place on the former private island of Pablo Escobar. Spontaneously the contract for the location was cancelled and the whole festival fell into the water. The reorganization within a few weeks is therefore impossible. After all, it was (at least announced) the biggest festival in the world. Financed with millions, it has now become an absolute debacle. A clause that brought everything to failure.

But it can also be a financial investment product. Instead of keeping winnings on your bank account at zero interest, you want to invest them profitably. Market fluctuations were not included in the planning. Suddenly there is a dent, worldwide and due to trade conflicts. The price goes to the cellar for a short time. Option A: You still sell your papers to be able to pay the employees for this month. But you don’t want to sell either, because your capital is tied to the financial product. Option B: You keep the securities in your portfolio, because next week the prices could go up again. What to do now, with the best will in the world, is no easy question.

Place 8 – bad marketing

Already the legendary Henry Ford – he revolutionized assembly line work and thus the automobile industry – said, “for every dollar you put into your product, you have to have another one ready to make your product known”. Many invest enormous sums in the business model, logistics, storage and personnel. They forget that the product has to sell in the end – how much space and financial resources do you give your marketing? Sales only take place when people come into direct contact with your product or service and are satisfied. You can have a great idea, but if the right people don’t hear about it, the whole business model will fail.

Tip! Especially multipliers are important, experts and people with a large community. But even these have to be reached, convinced or booked. However, it is worth investing time in such individuals with a high reach because they potentially reach far more people than traditional brand advocates. In the restaurant it is the free dessert for the blogger, in the online shop the personal letter for ordering a magazine. Because of course you assume that the order is a test. You got a celebrity ordering, or a management? Also here a personal cover letter should be with it or a few free products, otherwise nobody feels really adressed. With a bit of luck, the person will mention you to Instagram, for example, or become a regular customer and order regularly from you.

Place 9 – ignore customers and opinions

Criticism, especially constructive criticism, is worth its weight in gold for you as an entrepreneur. If you want to understand criticism positively, then simply see it as free market research. People take time to look at your product, test it. In the end, they even give a rating. Learnings that should be included in the entire product development process as well as the development process of your own brand and services. Very few people rate products or services after a single use. As a rule, the consumer simply resorts to a competing product for the next purchase, a situation that must be avoided at all costs. This is why it is so important to react to the opinions of the customers and to include them in the own development process and direct contact.

Tip! Respond to every review and comment. No matter whether it is the algorithm in a search engine or the one in a social network, the own interaction is measured. The faster you react to requests, ratings and comments from users, the higher your ranking will rise.

Place 10 – The wrong time

Some investments can also be made too early, just as companies can be founded too early. But trends also emerge and disappear within a very short time. If you want to play on Amazon, for example, and constantly place new trend products here, you have to be on your toes when it comes to timing. This year the “Flamingo for the swimming pool” may not be a trend anymore and you will sit on 5.000 pieces. Your product may even have been trendy at the beginning of summer, but due to the constant rain in midsummer, the trend and thus the sales dropped again. Next year it may become the ultimate trend with the post of an influencer. Not everything is in your hands, some things you just have to take as they come.

The wrong time may be too early, but definitely also too late! That is why market analyses and your assessment of the market development are extremely important. When you think about the perfect moment. Until the development and the organization are completely through, so that you can operate viably in the market, it can take months from brainstorming to financing to the first customers. While a product is still totally hip today, it can be “out” again in a few months. Also consider the cyclical movement of seasonal business, trends and product half-lives.

Place 11 – You lose focus

Point number 11 always makes me feel at home! After making the ultimate decision to become an entrepreneur with staff, offices and international relationships, I focused for two years. Before that, I worked for many other companies, as a one-man advertising agency, so to speak. I’ve done more than 100 projects, I’m just talking about the bigger ones, not about 100 pizza flyers at the beginning and probably 400 logos in total, from iBeacon technology to the pharmaceutical industry, automotive tuning and scene clubs. From this varied work it was really difficult to focus on one project for two years. Of course, I didn’t just do that during that time, by the way, I also set up a fashion magazine as a satellite project for the model agency and a short time later, due to the upcoming inquiries for influencer marketing, a social media agency. At the beginning of this year alone, three book publications, real estate portal and investment in the music industry. I’d like to do 20 more projects and start ups right away! But stop! Here I always remember reason number 11 of failure, you lose focus.

For me, this means fewer new construction sites, more a large high-rise building, building stone by stone. My own little daily fight! As a little inspiration I grabbed an empty DIN A4 sheet sometime in the evening. It only has two letters on it. The abbreviations of the company on which I want to focus (proportionally, most). It’s been sticking over my bed for a year now, so I can see it every morning and every evening and remember every time what my focus is on.

But most of them fail because of basic things! As a rule, they set the wrong priorities, too much partying, too much free time, too little active work. If you focus too much on your own leisure time and too little on the company, you’re in for a knockout.