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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1867
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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My landlord stopped remodeling after I moved in I haved exposed

Resolved Question:

My landlord stopped remodeling after I moved in I haved exposed wires in my bathroom and leaking water from another room. I also have not received a contract from him. Can I move without any problems?
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

you should state in written form the bad condition and that you did rent the flat under the condition that the remodeling would be terminated. State that the bathroom is unusable with the exposed wires and leaking water from another room.

 

Give him 2 weeks to fix the problems (mention an actual date) and state that you will terminate the contract without prior notice if the problems are not fixed within the stated period. Alternatively you will terminate the contract by the next possible date (just in case the landlord or a court finds a reason why you should not be entitled to terminate at once).

 

Take fotos of the bathroom in order to be able to prove the condition of the bathroom if the landlord later tries to obtain additional rent from you.

 

Regards.

Customer: replied 1 year ago.
The landlord has not given me a contract yet. I am U.S military and the original contract had to be rewritten and the land lord has not given me a proper contract. So since he has not given me a contract can I move?
Expert:  hhvgoetz replied 1 year ago.

No, in Germany a contract can also be done orally. This is different form US law. There is no parole evidence rule.

 

 

Customer: replied 1 year ago.
So if a contract can be made orally, then when he said theses problems would be fixed by June and now in August they are still not fixed does that count as an oral contract that he broke. He was aware of these problems and told me if I moved in he would have them fixed by June. I asked him in June why they were not fixed and he said he had been busy and they would be fixed by July. Then in July he went on a holiday ( vacation ) without fixing these problems. So did he violate our oral agreement / contract by his actions. He also lives in the Netherlands and is difficult get in touch with.
Expert:  hhvgoetz replied 1 year ago.

For the landlord it will be relatively easy to prove that a contract exists -> Would you really have moved in without a contract just to "occupy" the flat?

 

However, you may have problems to prove that he agreed to finx the problems by June.

 

Thus, to be on the safe side you should give him a very short period in written form to solve the problem and then move out if he does not manage.

 

Regards

Customer: replied 1 year ago.
It isn't any easier for him to prove a contract exists than it would be for me to prove he has had plenty of time to fix these problems. And as I said I am military I had my house goods ( furniture clothes etc...) dropped off during the contract progress and then found out after I had moved in that the contract wasn't current with German law. So yes I did move in with no contract. And get have my base verify that. Thank you for your help but I think I will just move and see what happens. I have been in this house for 3 months with leaking water unable to leave longer than to go to work and back so that the house doesn't flood and repeatedly asked for this to be fixed only to be told later every time I ask. Moving will be worth anything that could happen and the base says I can move I just thought I'd ask a German lawyer but after reading more on the site it says your an expert not a lawyer nice play on words but I've dealt with experts before. Again thanks for your help but you've only danced around my question defending a bad landlord.
Expert:  hhvgoetz replied 1 year ago.

Sorry, I am a German lawyer. You may have misunderstood things on the site.

 

Of course you can move out and than argue about the content of a possible contract.

 

However, you asked whether you could move out without problems. As a lawyer I am obliged by law to give you the SAFEST solution. You can decide whether you will want to run a higher risk.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1867
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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