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Landord wants to collect keys earlier (today)

14 posts in this topic

Posted

Hi all,

Need your advice on this one.

I am due to move out, and my tenancy contracts ends on the 30th of April ( I am leaving Germany).

 

I had agreed by email, in principle, a couple of weeks ago, to hand over the keys today, 26th April, as it is the best day for the agency caretaker to do so.

However, I am having a dispute with the final salary amount with my employer, and had to change my flight, until Tuesday, as I dont want to leave, until it gets sorted.

 

I have asked the management agency to move the date and collect the keys on the last day instead.

I dont want to pay 4 nights in a hotel, if the contract still allows me to be in the apartment until the 30th.

 

But they have refused due to the caretaker not having time next week and they are based in Berlin, too far to drive down.

They argue that as agreed by email, i need to move out today, but still pay the rent until the end of the month.

 

Can they do that? They are being very inflexible.

 

Many thanks

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Posted

Termination date and handover date do not have to be identical. You can to the handover today but remain in the apartment until the termination date, i.e. 30 April, midnight. Unless, of course, in your email you changed the termination date to today and the landlord agreed. Then you're screwed.

 

Pardon my yelling, but: GET A WITNESS to join you, most of all because the caretaker will probably put pressure on you. Stand firm.

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Posted

 

Termination date and handover date do not have to be identical. You can to the handover today but remain in the apartment until the termination date, i.e. 30 April, midnight. Unless, of course, in your email you changed the termination date to today and the landlord agreed. Then you're screwed.

 

If he does that though he is not going to be able to leave the apartment for the next 4 days as he won't be able to get back in.

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Posted

 

But they have refused due to the caretaker not having time next week and they are based in Berlin, too far to drive down.

They argue that as agreed by email, i need to move out today, but still pay the rent until the end of the month.

 

The convenience of the caretaker is not your concern. They rented it to you until a certain date, and that is the date of the handover unless mutually agreed between you.

 

They have an Email from you. Under German law an Email is not a binding contract.

 

Write them a short letter advising them that your plans have changed, that you shall leave the apartment ordnungsgemaß i.e. cleaned on the last day of the contract, and asking what arrangements they shall make to collect the keys, and perform the handover on that day.

 

In Germany letters trump Emails always, and registered letters trump letters.

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Posted

 

If he does that though he is not going to be able to leave the apartment for the next 4 days as he won't be able to get back in.

 

Wohnungsübergabe is not necessarily Schlüsselübergabe. You can do the handover on Friday afternoon and lock the keys inside the apartment on Sunday evening (end date). If you do this, though, take pictures of bloody everything on Friday and Sunday to prove the prisitine state as confirmed on Friday.

 

The keys are not due for handover until the lease is over.

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Posted

Thanks all for the good advice. Already contacted them by fax and email to inform that we can do the handover, but i will not vacate the apartment today.

No response from the agency so far. The caretaker is due to come in at 4pm.

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Posted

Stand firm!

 

I have a lot of experience in rentals (from both sides), and you have good and documented

reasons why you need the keys (and the apartment) until the last day of the contract.

The advice above is good.

 

The caretaker will probably try to bully you (it's in the culture here). Be polite and

firm, and have a witness this afternoon if possible. If not, still don't give in.

 

Let us know what happened, please.

 

Edit: You already have enough stress dealing with your former employer, don't

let this issue affect you.

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Posted

Well done!

 

Do let us know if anything else happens.

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Posted

[adminmerge][/adminmerge]

I just need some information.

 

Can a landlord make you move out of your flat before your 3 months is over?

 

Our landlord has asked us to give the keys to our flat 3 weeks before the end of the month.

 

A month we would have paid in full.

 

We have asked them for a early move out and that request was denied.

 

I understand we have to pay our 3 months but I just find it Ridiculous that they ask for the keys 3 weeks before the month is up.

 

Does anyone have experience or information on a situation like this?

 

Thanks before hand.

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Posted

Nope. You pay, you keep the keys. If he wants the keys sooner, he'll have to waive you of your responsibility to pay rent.

 

There's another thread on this somewhere, I'll see if I can find it.

 

EDIT: Found it.

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