I must give three months notice on my flat (standard in the contract).
I tried to do this last night and was told that it would not be accepted untill the first day of next month (German law).
This means in effect that I have to wait 4 months before I can get out of the contract (4 more monthly payments).
Does this sound right?
Also I was told that a % of my "caution" would be held to cover bills/nebenkosts. I was told that I would have to wait untill next April before everything was settled. The reason being that they only calculate the heating useage once a year (at new year), and then it takes time to prepair the bill.
If I move out of the flat at the end of this month, how can they wait untill the end of the year before calculating the heating useage for my flat?
I think this go's some way to explaining the "unrealistic Nebenkosts" I recived a few weeks ago (i.e I was paying some other fuckers heating costs!!!)
Duncan.
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Giving notice on flat
When can this be done?
Hi Duncan. Welcome to the German way of Renting ...
Yes, you must give 3 months notice to the end of the month. So in your case if you were to hand in your notice today, you will be able to get out by the end of november. Any other dates are at good will of the landlord.
If you can find somebody that will take over the flat, they have to let you out of the contract early. All you have to do ist to present them with min. 3 people that want to rent the flat. He must take one of them.
If you move out early :excl: , don't give him the keys until the last day. He will rerent it out if he can ( and take double Rent ) Been there, seen it, done it, bought the T-Shirt ...
To get the nebenkosten back early you can ask for the heating to be read at anytime. You will have to pay for this "service" yourself though. The company ( Brunata in my case ) came round and sorted it out. You can read all of the other meters on the day you move out , and get the landlord to sign the page. ( Give him a copy aswell )
If you suspect that your landlord is playing funny business, the go to the "Mieterverein" they love taking on Landlords that like to charge what they like...
That is the german way of life ... I'm afraid that you are not the first and won't be the last...
Stephen
Yes, you must give 3 months notice to the end of the month. So in your case if you were to hand in your notice today, you will be able to get out by the end of november. Any other dates are at good will of the landlord.
If you can find somebody that will take over the flat, they have to let you out of the contract early. All you have to do ist to present them with min. 3 people that want to rent the flat. He must take one of them.
If you move out early :excl: , don't give him the keys until the last day. He will rerent it out if he can ( and take double Rent ) Been there, seen it, done it, bought the T-Shirt ...
To get the nebenkosten back early you can ask for the heating to be read at anytime. You will have to pay for this "service" yourself though. The company ( Brunata in my case ) came round and sorted it out. You can read all of the other meters on the day you move out , and get the landlord to sign the page. ( Give him a copy aswell )
If you suspect that your landlord is playing funny business, the go to the "Mieterverein" they love taking on Landlords that like to charge what they like...
That is the german way of life ... I'm afraid that you are not the first and won't be the last...
Stephen
Stephen,
Quite honestly I can't be arsed with all of the hassel. My new company will pay the 3 months severance on the flat. This means I will only have to make one payment I didn't think I had to.
I will be pissed off if we don't get our Caution back. We have looked after the flat well, and I don't see why anyone else should get the benifit.
The idea of the flat being double rented also pisses me off big style. Anyone out there want a flat for three months in Weinsberg. All you have to pay is €1,400 (my caution), and we can go halves on the real caution when I get it back?
Duncan.
Quite honestly I can't be arsed with all of the hassel. My new company will pay the 3 months severance on the flat. This means I will only have to make one payment I didn't think I had to.
I will be pissed off if we don't get our Caution back. We have looked after the flat well, and I don't see why anyone else should get the benifit.
The idea of the flat being double rented also pisses me off big style. Anyone out there want a flat for three months in Weinsberg. All you have to pay is €1,400 (my caution), and we can go halves on the real caution when I get it back?
Duncan.
What do you mean by 'it would not be accepted untill the first day of next month'
You gave it to him in writing? he took it with him? Then it is accepted but as was said three months to the end of that month. ie Hand in your notice today would then be end of November. That is how it is done not by law but by 'Mietvertrag' whatever is in that.
This is not true to the extent that he has not got to take any of them. But if you get three people who are interested in the flat then you are out of it. Make sure they are reliable...
If you do move out before the end of November do what far-lands said but to the extent of hand the keys back two weeks before the end of Nov after going over the flat with the landlord and having a chit signed that everything is ok.
Even if the landlord can rent the flat out from this date and gets double rent it is still cheaper for you if you do this, than on the last day and the landlord says various things are not in order. Then either the contract is prolonged for you to repair(so you still pay rent after Nov) or he gets people in to sort out the problems(very costy)
at least if he comes up with problems you have two weeks to sort them out yourself!
If he says he has someone for the flat beforehand then OK but get it signed that you are out of the contract. No matter what you do make sure you get signed chits.
edit : just read your reply even even if your new company pays the three months make sure you get a signed chit to say the flat is OK, this is better to get your caution back.
This sort of thing is not only a problem with brits but germans who rent out a flat too...Landlords are known as B*******. but not all of them
You gave it to him in writing? he took it with him? Then it is accepted but as was said three months to the end of that month. ie Hand in your notice today would then be end of November. That is how it is done not by law but by 'Mietvertrag' whatever is in that.
QUOTE
All you have to do ist to present them with min. 3 people that want to rent the flat. He must take one of them.
This is not true to the extent that he has not got to take any of them. But if you get three people who are interested in the flat then you are out of it. Make sure they are reliable...
then you are out of it. Make sure they are reliable...If you do move out before the end of November do what far-lands said but to the extent of hand the keys back two weeks before the end of Nov after going over the flat with the landlord and having a chit signed that everything is ok.
Even if the landlord can rent the flat out from this date and gets double rent it is still cheaper for you if you do this, than on the last day and the landlord says various things are not in order. Then either the contract is prolonged for you to repair(so you still pay rent after Nov) or he gets people in to sort out the problems(very costy)
at least if he comes up with problems you have two weeks to sort them out yourself!
If he says he has someone for the flat beforehand then OK but get it signed that you are out of the contract. No matter what you do make sure you get signed chits.
edit : just read your reply even even if your new company pays the three months make sure you get a signed chit to say the flat is OK, this is better to get your caution back.
This sort of thing is not only a problem with brits but germans who rent out a flat too...Landlords are known as B*******. but not all of them
Just looked up this thing on 3 people you can put forward for the flat and it is NOT law, you cant get out of a contract that way. Most people here think you can so it is still worth a try. I too thought this was law but it is not..sorry for that
One thing that i have found is if you have been living in your flat for over 5 years then you have to give 6 months notice, and after 8 years you have to give 9 months notice. §573c BGB
Which means you have until the 3rd workind day of September to hand in your notice for the end of Nov. So Saturday the 3rd is OK. Best is always before hand though.
something worth having is a copy of the Gesetzbucher, here is an online version...English translation I dont think so
Bundesgesetzbucher
QUOTE
Kann ich als Mieter die Kündigungsfrist verkürzen, wenn ich einen Nachmieter beibringe?
Hier ist allgemein die Meinung verbreitet, man müsse dem Vermieter nur drei Nachmieter nachweisen und dann komme es auf die Kündigungsfrist nicht mehr an. Dann könne man jederzeit vorzeitig gehen. Das ist nicht richtig. Der Vermieter muss einen Nachmieter nur dann akzeptieren, wenn dieser solvent und persönlich akzeptabel ist und wenn der Mieter zugleich ein überragendes Interesse an der Beendigung des Mietverhältnisses hat. Das ist z.B. dann der Fall, wenn der Mieter beruflich ganz plötzlich in eine andere Stadt versetzt wird. Es ist insbesondere dann nicht der Fall, wenn der Mieter lediglich eine billigere oder bessere Wohnung gefunden hat und deshalb umziehen möchte.
This was found on a site about Mietrecht.Hier ist allgemein die Meinung verbreitet, man müsse dem Vermieter nur drei Nachmieter nachweisen und dann komme es auf die Kündigungsfrist nicht mehr an. Dann könne man jederzeit vorzeitig gehen. Das ist nicht richtig. Der Vermieter muss einen Nachmieter nur dann akzeptieren, wenn dieser solvent und persönlich akzeptabel ist und wenn der Mieter zugleich ein überragendes Interesse an der Beendigung des Mietverhältnisses hat. Das ist z.B. dann der Fall, wenn der Mieter beruflich ganz plötzlich in eine andere Stadt versetzt wird. Es ist insbesondere dann nicht der Fall, wenn der Mieter lediglich eine billigere oder bessere Wohnung gefunden hat und deshalb umziehen möchte.
One thing that i have found is if you have been living in your flat for over 5 years then you have to give 6 months notice, and after 8 years you have to give 9 months notice. §573c BGB
QUOTE
(1) Die Kündigung ist spätestens am dritten Werktag eines Kalendermonats zum Ablauf des übernächsten Monats zulässig. Die Kündigungsfrist für den Vermieter verlängert sich nach fünf und acht Jahren seit der Überlassung des Wohnraums um jeweils drei Monate.
(2) Bei Wohnraum, der nur zum vorübergehenden Gebrauch vermietet worden ist, kann eine kürzere Kündigungsfrist vereinbart werden.
(3) Bei Wohnraum nach § 549 Abs. 2 Nr. 2 ist die Kündigung spätestens am 15. eines Monats zum Ablauf dieses Monats zulässig.
(4) Eine zum Nachteil des Mieters von Absatz 1 oder 3 abweichende Vereinbarung ist unwirksam.
(2) Bei Wohnraum, der nur zum vorübergehenden Gebrauch vermietet worden ist, kann eine kürzere Kündigungsfrist vereinbart werden.
(3) Bei Wohnraum nach § 549 Abs. 2 Nr. 2 ist die Kündigung spätestens am 15. eines Monats zum Ablauf dieses Monats zulässig.
(4) Eine zum Nachteil des Mieters von Absatz 1 oder 3 abweichende Vereinbarung ist unwirksam.
Which means you have until the 3rd workind day of September to hand in your notice for the end of Nov. So Saturday the 3rd is OK. Best is always before hand though.
something worth having is a copy of the Gesetzbucher, here is an online version...English translation I dont think so
Bundesgesetzbucher
Haven't got the time (or inclination!) to check up now BB, but are you sure your BGB extracts are up to date? I'm pretty sure that in their most recent round of changes to the law (as usual entirely to the benefit of the tenant), they had changed that to three months regardless how long you had been renting.
no everywhere i looked it says what i wrote above, or actually copied
Well, I seem to remember a change in the law aswell. 3 Months regardless how long you habe been renting b4
Stephen
Stephen
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