Claudia,My computer collapsed before I could respond to your reply. Your reply was very helpful. Does it still apply if this is our only German residence and we want to retire there now. We gave the current tenants notice in January and they are refusing to leave until the end of the year. Our lawyer told us originally that we should get a notarised letter committing them to leave by 31st December but now he says that does not apply and there is not point in getting a notarised letter. What happens if the tenant says, in December, that he is not going to vacate the flat? Thank you for your reply.
this is follow up question - my computer collapsed and I lost the page with Claudia Marie Schiessel's answer which was very helpful.
Dear Customer,oh computers sometimes are quite terrible , they collapse at the wrong times.here is the answer again:Dear Custpmer,thank you for using Just Answer.May I correct you:This is not Berlin tenancy law but German execution law.It goes as follows:Aus Urkunden, die von einem deutschen Gericht oder von einem deutschen Notar innerhalb der Grenzen seiner Amtsbefugnisse in der vorgeschriebenen Form aufgenommen sind, sofern die Urkunde über einen Anspruch errichtet ist, der einer vergleichsweisen Regelung zugänglich, nicht auf Abgabe einer Willenserklärung gerichtet ist und nicht den Bestand eines Mietverhältnisses über Wohnraum betrifft, und der Schuldner sich in der Urkunde wegen des zu bezeichnenden Anspruchs der sofortigen Zwangsvollstreckung unterworfen hat;It means if you have a notarized agreement that the tenant has to move out it cannot be executedYour tenants either agree to move out or you have to go to court and file a motion that they agreed to move out.If you get a court decision that they have to move out you can execute that.o.k as to your second question:In German Law tenants are quite a protected species.So you can only give them notice if they refuse to pay for several months or if you can prove that you need the house for yourself and want to live there.Even if this is the case you have to give them a certain deadline which depends on how long they have been living in your house.Normally the deadline is as follows:Until the third of a month until the end of two months later, which equals 3 months.If the tenant has been living in your house for five years it is 6 months and if he has been living there for 8 years it is 9 monthsYou have to send him your letter of termination as soon as possible and it has to be sent in a way so you can prove he got it.If he does not want to leave you have to go to court and file a motionIf you win and he still does not want to leave you can execute the court decision with the help of a bailiff and force him out, which is quite costly.In Berlin is a cheaper way though the so. called Berliner Räumung which includes just taking the tenants furniture to which the landlord has a legal right if the bills are not paid and sell them after a certain time or let the tenant pay the court bills and everything so he gets his stuff backI hope I was able to give you some informationPlease do not forget to give me feedbackThanks
The situation is thus : The tenants have lived there for 3 years and were given notice in Januaryto quit at the end of April. They have asked to leave on 31/12/12.If we get a lawyer to get them to sign a letter agreeing to this and then they do not leave on that date - where does this leave us? We have now retired and cannot afford to continue living here in London and are really financially compromised - we have put all our effects in store and are paying storage charges.
Dear Customer,oh yes. London is soo expensive.I have been there myself quite a couple of times and I always wondered how people can afford living thereThe notarized letter you wrote about cannot be executed , that is the problem.You cannot send a bailiff to force the tenants out based on that letter but you have to take the whole thing to court if they do not want to move out.If you they do not leave out of their own free will you will have take the case to court and get a court decision which can be executed.
More than 18 years of experience in practicing law
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