Hi I recently moved to Germany in February and have been in temporary accomodation until 28th June (last week thursday). During my first week in the temporary accomodation, I signed a contract (written in English) with the agent giving me the option of staying beyond the expiry of the temporary accomodation (end of June). The rental agreement was start date was 1st July. The exact words are "The rental agreement starts on 01.07.2012 and will run indefinately. The period of notice of cancellation is two months....". At the end of May, I confirmed in writing to the agent that I would not be starting the contract and would leave end of June when the temporary accomodation ends. He is saying that he would have to charge me rent for the months of July and August. Because by German law, by signing the contract I have committed to stay in the property and as such cannot cancel before the start of the contract in 1st July. Is this correct?
Negotiation with the landlord
Dear Customer,thank you for using Just Answer.You `ll have to pay, alasI explain it to you whyOne of the fundamental principles in German Law is that contracts must be kept which derives from Roman Law ( pacta sunt servanda)So once you sign the contract you are committed to keep it.Normally you can terminate a rental agreement until the third of a month for the end of 2 months later.So the termination written at the end of May would be valid for June.2 months later is August so unfortunatley you will have to pay the rent for July and August.I am very sorry to be the bearer of such newsShould you have any further questions please do not hesitateShould your question be answered please give me positive feedbackThank you so much
More than 18 years of experience in practicing law
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