Cancellation of an apartment rental contract

Here's something I found out recently that I thought might be useful for people to know.

The laws regarding the termination period (Kündigungsfrist) of a rental contract were changed in 2001. Previously the termination period depended on the length of the tenancy, but now it is fixed at 3 months.

More information in German here: Mietrecht FAQ. Click on "Kündigungsfrist" on the menu at the left.

Any rental contract that was signed before 2001 may still have clauses stating longer notice periods (see below), but according to the information on the linked page, these clauses are no longer valid and the landlord is legally obliged to accept a 3 month notice of contract termination.

There are some caveats, but it looks like for most contracts this will be the case.

Old law (for both tenant and landlord):
0-5 years tenancy: 3 Months
5-8 years tenancy: 6 Months
8-10 years tenancy: 9 Months
more than 10 years tenancy: 12 Months

New law:
For tenant: always 3 months
For landlord:
0-5 years tenancy: 3 Months
5-8 years tenancy: 6 Months
more than 8 years tenancy: 9 Months

Bear in mind that if YOU find a follow-on tenant, then you can get out quicker!

Yes, but the landlord is not legally obliged to accept any new tenant that the outgoing tenant finds. If he wants to be a git he can make you pay the full notice period, and would be well within his legal rights to do so.

What I am still wondering is: what is the lease specifies a set time frame for the duration of lease, say, four years? In our lease it says that neither party can terminate the contract before that time is up. I believe we could get out early (3 months) but would then have to find someone who takes our apt. (and so at our expense).

Question: what happens if you've been given 6 months by your landlord but find somewhere and move out earlier, eg within four months. are you required to pay the rest of the 6 months?

Any experience of that?

That seems to be correct according to the info on that page that I linked before. Click "Kündigungsfrist" on the left-hand menu and then look at section "b) Zeitmietvertrag".


Click "Nachmieter" on the left-hand menu to get more info (in German).

I seem to recall reading a judgment in a court (hamburg ?) that said that fixed time contracts could be broken by giving 3 months notice, unless there was a good reason for the fixed period.

Can anyone shed any light on this. My contract is fixed length and i want to get out a few months early.

Thanks

Topics merged by admin

Since last year the 3 months maximum notice covers all rental cotracts.

http://www.bmj.bund.de/enid/842d96a48143b5...traegen_tz.html

typical over the top Germanness, although under Tony Blair England is moving in the that direction. Article in Todays Tele (couldn't find the link online) Bye Bye DIY talks about how the new reguations are going to mean the of DIY. Basicly any renovations you make to a house will require an inspection, if it fails you can be heavly fined. On the other hand, if you hire a company to do it, than no inspection is required.

Does anyone know anything about the reduction to 1 month if you are forced to leave Germany for work reasons? I've heard it mentioned, but can't seem to find any details, so am not sure if its true. I heard it described as a 'diplomatic clause'. Anyone heard of it or know any details?

it looks like i'll be cancelling my apartment for jan. 1, 2007. unfortunately oct. 1 is a sunday (this year). when does the letter have to arrive at his place to make the 3 months notice period valid? i won't be able to mail it off until thursday (am out of town on business) & I'm afraid tehy won't open it until Monday, Oct 2 or since it is a "bridge day", might not open it until Oct. 4.

EDIT: i don't have my contract with me so don#t know if there is a stipulation for that arrangement there.

Scan it in or mail it to me - I can post it today if you like. PM me for my email if you want to do it this way.

Yep, better safe than sorry.
In my experience if they want to be pricks about it they will be so don't give them any excuse.

postal rule applies according to the BGB, i think. ie you have post it by the deadline. you can either then use a credible witness to prove you have posted or use registered mail. I seem to remember reading that courts had decided that Kündigungen were still valid if recieved within the first 3 working days of the month.

edit: here is a better explanation: (summary: the recipient of the letter has to have the chance to read or pick up the letter before it becomes valid. ie if you post at night, the delivery only becomes valid the next morning)

Zugang der Kündigung
Für die Wirksamkeit der Kündigung ist darüber hinaus ihr Zugang beim Kündigungsempfänger erforderlich (§ 130 BGB). Der Zugang wird dadurch bewirkt, dass die Kündigung so in den Bereich des Empfängers verbracht wird, dass dieser unter normalen Verhältnissen die Möglichkeit hat, von ihrem Inhalt Kenntnis zu nehmen. Auch nachdem eine Erklärung in den Bereich des Empfängers verbracht wurde, gilt sie erst dann als zugegangen, wenn der Empfänger die Möglichkeit zur Kenntnisnahme hat und diese auch nach der Verkehrsanschauung zu erwarten ist. Wird etwa spät abends ein Brief in den dafür vom Empfänger vorgesehenen Briefkasten eingeworfen, so gilt er erst am nächsten Morgen als zugegangen, da der Empfänger üblicher Weise erst dann mit Post rechnet und diese entnimmt.

My one experience with this question was that the original signed paper had to be received by the landlord by the 1st. So, here that would be Saturday, 30.9. You would be best off mailing it by DHL or FedEx from whereever you are for delivery by Friday. Spend a little extra € and save a month's rent.

My landlord refused to accept the faxed copy that arrived on time or the letter that was mailed, but not received, prior to the 1st. Those I consulted on the issue agreed that she was not required to accept notice until having an original signature.

It's irrelevent when they open it, as long as you have proof of when it was delivered to the office.

thanks for offerng help UA, i've still got a week and will be back in Munich next Wed so i think i am okay. I'll then send it off certified mail or registered whatever on thursday.

Double-check the contract. If it says the termination must be delivered by the first Arbeitstag of the month, that would be Monday 2nd October, not Sunday 1st.

My former landlord tried to catch me out on that one. Sneaky bastard that he was.

Hi there, I am planning to vacate the flat that I rent, I understand there is a 3 months notice to leave, which is exactly what I need, however, is this legally binding for the owner and he/she cannot ask me to leave earlier than 3 months ?
Lastly, legally speaking, when is the owner supposed to return the deposit ?

Thks a great deal for your help, many things are so convoluted out here !

Topics merged by admin

Hmm, I think we've covered this before.

Search 1 - Notice Period
Search 2 - Deposit

They could ask you to leave earlier than the 3 months, but you don't have to accept. You have 3 months, no early kick-out.

I am feeling really lazy and need to fax the landlord to terminate the rental contract.

Can someone provide a link to some German text which I can cut and paste?

Thanks,

Tom

Wow, you are lazy. I know you speak German because you ask for help with obscure translations, so just write a one-liner along the lines of "This is to inform you that I wish to terminate my contract. I will move out on xx-month-year."

There are some suggestions in German elsewhere on this website, but you'll have to look for them yourself.

old thread revival. well, i found an apartment, but curiously enough they want me to sign a 3-year rental contract. i told them, i cannot guarantee anything for 3 years, jobs changes, i could wind up with a broken leg and not be able to march up the 5 flights of steps, i get pregnant, whatever, and they said then i can find a Nachmieter, no problem, but they would write in the contract, that i have signed it until Sept. 2010, but that for whatever reason I have to move out and it is my responsibility to find a Nachmieter.

three questions:
(1) is such a contract really legal?
(2) if I do have to move out and find a Nachmieter, will this go onto my Schufa credit rating that I broke a 3-year contract?
(3) I'm supposed to hire a real estate agent to find a Nachmieter (she said, if this is what happens to contact the real estate agent who got me the place). Will I have to pay her to then find a new tenant? I can do this on my own, right or must I go through a real estate agent?

The contract is being mailed to me today.

EDIT: the link at the beginning of this post is not valid (http://www.softnews.de/recht/mietrecht.htm).

(1) is such a contract really legal? - Yes

(2) if I do have to move out and find a Nachmieter, will this go onto my Schufa credit rating that I broke a 3-year contract? - No, Schufa is only for financial debts

(3) I'm supposed to hire a real estate agent to find a Nachmieter (she said, if this is what happens to contact the real estate agent who got me the place). Will I have to pay her to then find a new tenant? I can do this on my own, right or must I go through a real estate agent? - I wouldn't. Look on your own, find three or more. Then contact the agent and say, look, here is your choice. Btw, since you didn't look for them you don't get commission. We did this once, the Nachmieter ended up paying one month rent as commission instead of two. The landlord cannot turn down three Nachmieter without a very good reason.

I was faced with this situation once, and chose to turn down an otherwise decent flat, simply because the owners wanted a 5-year contract.

Recently I saw something on TV that if you find a Nachmieter, you can still be held liable in some way, at least for the duration of your contract, if they trash the place or don't pay up. Sorry it's a bit vague - I didn't follow up on it, as I don't rent any more, but it's worth bearing in mind.

the reason for the lengthy contract is because the place has been newly renovated. real wood floors, new bathroom, new "Etagenheizung", so no sharing costs with neighbors. i usually get ants in my pants at about 3 years anyhow, but who knows. who really knows?


this is exactly what i was afraid of, but I would assume that once a new renter takes over the place, they have a new contract with them, that i am released from any liability. i would insist on a new contract, not a sublet.

i found some lawyer-speak and if I have a really good reason and either i have reached an agreement with the landlord, i can get a replacement. either they take over the rest of my contract or sign a completely new one. or, if I have no agreement, I can get out of my contract earlier with several good reasons, such as :

• unforseen illness
• i lose my job and have to move to another city to work
• i lose my job and cannot pay the rent
• i am getting married or i get pregnant and the apartment is simply too small

a good enough reasons is not because i want a better, cheaper or "verkehrsgünstigere" apartment.

When I first moved here, the majority of apartments that we looked at wanted a minimum of a 5 year contract.

(1) Only in certain circumstances:


Short term contracts are only admissible in certain circumstances. There is accommodation like student accommodation, furnished accommodation within the landlord's/lady's accommodation and homeless accommodation that is only used temporarily. All other types of accommodation can only have limited contracts under certain circumstances, as in self-use for the landlord, company housing and in cases of construction/renovation work. I'd get thee to the Mieterverein if it's none of the latter...