Ask a German Law Question, Get an Answer ASAP!
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.
No, in Germany a contract can also be done orally. This is different form US law. There is no parole evidence rule.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).