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hhvgoetz's Avatar
  • Answered by:hhvgoetz
  • Rechtsanwalt, LL.M.
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Customer Question

My landlord gave me 3 months notice to move out of my current apartmnet by August 31st, I found an apartment which requires me to move in by end July, or else they will rent to another person. I told my landlord that I need to terminate our lease by July 30th, he doesn't agree, which means I have to pay double rent if I want to sign the new apartment. Do I have any legal ground against the current landlord for not paying him the last month becuase he asked me to move out? and I cannot time the move to be exact 3 months? Many thanks

 



Already Tried:
ask my landlord to meet so we can talk this through, but he doesn't speak English, I do not speak German, and he wants me to move, but pay for full 3 months till end August, I dont think I have a way to avoid paying double rent?

Submitted: 305 days and 17 hours ago.
Category: German Law
Value: $45
Status: CLOSED
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Expert:  hhvgoetz replied 305 days and 16 hours ago.


hhvgoetz :

Dear customer,

hhvgoetz :

you usually cannot terminate the contract within such a short time. In most cases you will have to terminate the contract 3 months before.

hhvgoetz :

However in your case I do not quite understand why the landlord can ask you to leave!

hhvgoetz :

On which legal basis does he terminate the contract?

hhvgoetz :

In German law there a very few reasons for a landlord to terminate a hiring contract of a residential apartment.

Customer :

He told my secretary over the phone (I do not speak German so she helps me with translation) that he and his wife are separating, he needs to move into the apartment. He faxed me a piece of paper saying "please move out by August 31st" without listing the reason, I asked my rental agent, he said this paper is not valid becuase he didn't state the reason. First I took my agent's advice just ignored his note, but I cannot help start looking for other apartments, 2 days after I received his note, I found this new apartment I really like, but asks me to mvoe in by end of July, so now I have a compltely different problem. I sent him an email today said please agree to me moving out in July, if I do not get this apartment, I will have to stay at your place foreer because your note is not valid by law.

Customer :

Shall I click on "Accept" to pay the 45$ first, then continue to chat with you? if says if I click on Accept I will leave this converstaion? what should I do?

Customer :

I have to sign the lease for the new apartment tomorrow (Tuesday) and I cannot decide if I should sign the new apartment which I like but I am taking the risk of having to pay double rent for one month, if my current landlord continues to disagree. Or l do not sign the new apartment rental tomorrow, but then I will have to tell my current landlord his notice is not valid, I will have to stay beyond August 31st... my target is to have him agree to terminatin the lease early so I can sign my new lease, what are the legal tools I can use to get him to agree? Thank you very much

hhvgoetz :

By accepting you will still have the opportunity to continue asking about this topic.

hhvgoetz :

Generally it is possible for your landlord to ask for the appartment when he personally or his wife need the appartment due to their separation. BUT this requires a list of formalities which obviously he hasn't dealt with. He has to put the reason in written form, has to offer another free apartment if he has one and inform you about your right of objection (Widerspruch) against the termination. In addition he has to give you at least 3 months after the valid termination.

hhvgoetz :

You should explain all that and that you will object (which will take another time for him to get you out). Then, offer him to get rid of all his problems by letting you leave before...

hhvgoetz :

Regards

 
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