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Landlord wishing her apartment "soon"

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Posted

Hello everybody!

 

I think Munich does not like me :D cause since I arrived (in August 2012), I am in a specially bad luck! After 5 moves, around 60 flats visited and 5 months of research, I finally found a place to stay, permanently. Soooo, I finally moved in two weeks ago. BUT, a few days after, I had the visit of the son of the landlord. He explained me that his mother (the landlord) wanted to move in Munich "soon", to live here 50% of the time (and 50% of the time somewhere else). The "soon" has never been defined precisely, but I think it is less than 3 months, otherwise I guess I just would have received a mail asking me to move out in April. For information, there is no term limit on my contract. I heard the legal period to ask a tenant to move out is 3 months. Is it right? And does he have the right to "kick me out" so soon actually? (I would have been in this apartment for at least 6 months, I would not say "kick out")

 

He looked quite embarrassed to ask me that (...), apologized many times, etc. He proposed me to come to an agreement to move out of the flat, that would consist basically in paying the agency fees, helping me to move, and paying the rent difference with the current flat if the next one is more expensive (for equivalent apartments of course). Who has to find the apartment? Don't know. But it is clearly something I won't have time (and still less desire...) to do in the next two months. Also, as long as there are only words, he can promise me everything. Is there any way to make him keep his promise if we agree on the conditions of my move? I am not sure that writing down everything he says with its signature has any value actaully. Should I see a lawyer?

 

But this sounds strange to me: he said that he took care of renting the flat for his mother, and that he was not aware that she wanted to move to Munich when I signed the contract. But she is the owner and she has signed the contract... There is something unclear there.

 

Also, what is the role of the agency that I payed more than 1000 euros? (I will not pay this every 3 months!!!) (maybe it is a friend of the landlord! :lol: )

 

Thanks a lot for any help you could provide,

Nicolas

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Posted

Hi Blindman, yes the son can make all the promises in the world, but none hold weight. You need to speak to the Landlord. You are not at the needing a lawyer stage yet. I recommend speaking to the mother / landlord and having everything she promises to be documented in witing. Hopefully she will be as willing to assist you as her son. Regardless, sorry that you are going through all this just after moving in. Best of luck on this one.

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Posted

Personally, if I were you, I would join the Mietverein straight away. This sounds like it could get ugly fairly quickly, and the Mietverein will help you with counsel and support - not to mention helping you understand local rent laws.

 

There is something called Eigenbedarf (personal need of landlord), which is strictly regulated in terms of what is allowed. I'm not an expert by any means, but it certainly doesn't sound like a legitimate case of Eigenbedarf to me - rather, it sounds like they changed their mind at short notice for some reason (did you cook something smelly and let it waft through the house or something equally tabu?) and want to get you out, counting on "foreigner-doesn't-know-what's-allowed-or-not".

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Posted

They can't kick you out for the end of April for any reason. That 3 month notice period is essentially for the tenant to give his notice. The landlord must have a very good reason for kicking you out - Eigenbedarf obviously being one.

 

However, I would be very surprised if they could give you notice for "Eigenbedarf" a mere 2 weeks after you moved in. This should have been foreseeable, so I would imagine that if this goes to court, you'd have a very good chance of being able to stay. Of course, you wouldn't then have a very good relationship with the landlord.

 

As has been suggested, see the Mieterverein.

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Posted

 

... for his mother, and that he was not aware that she wanted to move to Munich when I signed the contract. But she is the owner and she has signed the contract...

 

 

 

Do you have a rental contract? (Mietvertrag)

 

Yes, it seems they have a contract, and that the Mother/landlady signed it before the OP moved in.

I think the previous suggestion of joining a Mietverein is probably the best way to go with this, as I fear that sooner or later the OP will need to know exactly what his/her rights are - something the M-verein specialises in!

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Posted

Eigenbedarf requires Lebensmittelpunkt (center of life activities) in the apartment and surroundings. 50% does not hack it.

Get representation.

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Posted

Thanks a lot for all your quick answers! :) I don't have lots of time to enlarge on tonight. But I will go to the Mietverein tomorrow morning. Concerning the Eigenbedarf, I also have this feeling they just changed their mind 2 weeks ago, and try to make me move because I don't know the law. The reason he gave is that his mother is quite old (almost 80) and need a lift, and I don't know whatever else. But does it justify to move in Munich?...

 

Thanks again. I keep you inform of any progress.

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Posted

I actually think that 3 months is pretty "soon" anyway, don´t you?

Unless they make you an offer you can´t afford to refuse, my tendency would be to just sit it out.

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Posted

It may be that the mother (your landlord) and her son do not agree on this. Maybe she does not actually want to move? If she did, she would have hardly rented the apartment to you two weeks ago. It's not like you turn old and fragile overnight.

Joining the Mietverein always seems like a good idea but I would also try to speak to the landlord directly to see what she says.

Anyway, claiming Eigengebrauch after just two weeks is certainly odd, unless something life-changing like an accident happened since then.

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Posted

 

I heard the legal period to ask a tenant to move out is 3 months.

 

Btw, regardless of what the legal notice period is the clock doesn't start ticking until you have been given notice in writing.

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