Does anyone know what I can do with this situation?
I am moving out of my WG in about three days, and my roommates found somebody else, but all of a sudden this person is not able to move in next month (she has a good explainable reason for it). Now, because of this, according to the renter, us three living there right now have to come up with the money for July's rent!! But that's so unfair! I am moving out, so contractually I don't have anything to do with the apartment anymore, and my roommates contractually don't have anything to do with the room I am living in!!
I think none of us has to pay anything, since the renter has the responsibility over the apartment...I think he is the one responsible for looking for somebody else to live there, and when the room is empty, it's his fault, and not the ones that live there or the person that moved out!
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Paying an extra month of rent, lack of Nachmieter
This is ridiculous!!
depends entirely on what is written in the contract. Without reading it, no-one could possibly comment on what is right or wrong.
If you have a contract for your room then you are only responsible for your room, surely.
Yep depends on the contract. It should state who is responsible for finding a "Nachmieter"
And if it doesn't say anything about it, I'm sure he is the one responsible??
there really isn't much point in discussing maybes unless we get to read the contract.
It all depends on a number of things:
who are the parties to the contract?
is the contract for a room (individual contract for each tenant) or is there one contract for the flat and was signed by all tenants.
What is the cancellation period (cannot be longer than the legal max on the tenants side but can be longer on the landlords side)
Did you give the correct period of notice in writing?
the list goes on burt as you see we can't and shouldn't answer the question without reading the contract.
It all depends on a number of things:
who are the parties to the contract?
is the contract for a room (individual contract for each tenant) or is there one contract for the flat and was signed by all tenants.
What is the cancellation period (cannot be longer than the legal max on the tenants side but can be longer on the landlords side)
Did you give the correct period of notice in writing?
the list goes on burt as you see we can't and shouldn't answer the question without reading the contract.
What can they do if you don't pay? What about deposit? Did you get that back already?
How about placing an ad for one room or finding someone soon to take it. Even if they only begin living there after a week or so you could still charge them for the whole month or you might only pay a week of it or something.
If you already have your deposit back and the contract is not totally clear that you have to provide the next tennant, I say skip out. It's not your problem AND it shouldn't be your roomies' problem either. Did you give your notice as required?
PLUS in Germany when a room sits empty the renter can claim that and get a tax break. That's why our landlords took their sweet time renovating the two apartments in our building (7 months) before they put them on Mr. Lodge because they can claim them as empty. They also were going to let us move into a larger place, pay them Officially 500 euros rent and Unofficially 500euros cash. That way they can claim that they only receive 500 in rent each month and can get a tax break. (This situation never materialized.)
Either way, the loopholes that are present for the Owner are many and protect them. The Renter can get screwed easily.
Don't go by word of mouth. If your roommates 'told' the owner that they had someone to move in they still aren't responsible if that person doesn't show up and sign the contract. If the owner 'told' you that you need to get someone in there but it is not in the contract then don't worry about it.
If you need some legs broken just give me a call... I know some people.
Just kidding.
How about placing an ad for one room or finding someone soon to take it. Even if they only begin living there after a week or so you could still charge them for the whole month or you might only pay a week of it or something.
If you already have your deposit back and the contract is not totally clear that you have to provide the next tennant, I say skip out. It's not your problem AND it shouldn't be your roomies' problem either. Did you give your notice as required?
PLUS in Germany when a room sits empty the renter can claim that and get a tax break. That's why our landlords took their sweet time renovating the two apartments in our building (7 months) before they put them on Mr. Lodge because they can claim them as empty. They also were going to let us move into a larger place, pay them Officially 500 euros rent and Unofficially 500euros cash. That way they can claim that they only receive 500 in rent each month and can get a tax break. (This situation never materialized.)
Either way, the loopholes that are present for the Owner are many and protect them. The Renter can get screwed easily.
Don't go by word of mouth. If your roommates 'told' the owner that they had someone to move in they still aren't responsible if that person doesn't show up and sign the contract. If the owner 'told' you that you need to get someone in there but it is not in the contract then don't worry about it.
If you need some legs broken just give me a call... I know some people.
Just kidding.
QUOTE (Graham)
who are the parties to the contract?
It's only between me and the renter, the rest of the people living here have separate contracts.
QUOTE (Graham)
Did you give the correct period of notice in writing?
I didn't have to do that, because it was a temporary contract, and in the contract it clearly states that the contract will expire at 30.06.2004
QUOTE (Jeeves)
It should state who is responsible for finding a "Nachmieter"
It doesn't. Only things about leaving before the contract ends, leaving in case of disturbance, etc...
QUOTE (profundo)
What about deposit? Did you get that back already?
I will get the deposit from the next tenant, so if no one will move in in July, I will get the deposit from the person who'll move in in August.
QUOTE (profundo)
If your roommates 'told' the owner that they had someone to move in they still aren't responsible if that person doesn't show up and sign the contract.
Apparently (I just heard) she did sign the contract, but she took the contract with her without leaving a copy. So that means she'll probably toss it away so she doesn't have to do anything with it anymore...
In that case my reading is the same as yours in the first place. If there is a fixed expiry date and no mention in the contract of you having to find a "replacement" then you should not have to pay any rent in July.
Perhaps someone with more experience can comment on that.
I'm sure you'll make sure you get that deposit back.
Perhaps someone with more experience can comment on that.
I'm sure you'll make sure you get that deposit back.
I would imagine that the new person would have to pay in order to keep the room. Has she signed a contract ?
sounds like the landlord is trying to screw ya (ahhh memories of Dublin !!)
Ask Jimbo my man !!
sounds like the landlord is trying to screw ya (ahhh memories of Dublin !!)
Ask Jimbo my man !!
As I understand it, when you have a rental contract and want to leave it you are legally (read in all cases) only responsible for finding 3 acceptable nachmieters and then you can break a contract. If the landlord was willing to sign a contract with this new person, then they were ipso facto acceptable.
In any case, if your contract expires 30.06.04, then your liability for the rent is ended on that date. It's in the contract. If the landlord takes rent out, just call your bank and aske them to make it rückgängig (cancel the debit from your account). You can do this with any debit within 14 days.
I can't believe you're in for much or liable for much here. But, this is why everybody in Germany should have rechtschutzversicherung. You never know when a landlord is gonna haul you into court. It happens a lot here.
In any case, if your contract expires 30.06.04, then your liability for the rent is ended on that date. It's in the contract. If the landlord takes rent out, just call your bank and aske them to make it rückgängig (cancel the debit from your account). You can do this with any debit within 14 days.
I can't believe you're in for much or liable for much here. But, this is why everybody in Germany should have rechtschutzversicherung. You never know when a landlord is gonna haul you into court. It happens a lot here.
OK, I've read it all and on the basis of what's said here, no you're not liable to pay - however, don't take that as gospel as I've not seen the contract, and the law concerning leasehold property is complex as hell in the UK, so I shudder to think how bad it gets here (notaries hardly ever deal with leasehold stuff so I wouldn't know I'm afraid).
Take photos of family members of his (if possible - especially any children) and show them to him. Politely of course. Then if he carries on bothering you, just act shocked, and say "whoa, but I thought we got on better than that - we know each other! I even know where you kids go to school..."
Cooler, more fun, and a much better pub story.
Cooler, more fun, and a much better pub story.
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