Permission for Makler to show the apartment

20 posts in this topic

Going on the last two months of rent. Gave proper notice.

 

The merkler is trying to show the place about three times a week!

 

How many times am I obliged to allow a showing?

 

How much notice must the merkler give before showing apartment?

 

Merkler has a set of keys. Can merkler show without notice?

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Here's some information on that. Wohnungsbesichtigung:wer, wann, wie oft?

 

He is not allowed to enter your apartment at any time without your permission except under certain circumstances, and those don't include showing it to prospective renters. He must give you adequate notice (at least a few days) if he wants to show the apartment and you can still refuse if the time doesn't suit you. The article says that showing the apartment three times a month is adequate. Tell him you know your rights.

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Check your rental contract - the "standard" one that is often used specifies how much (written) notice is required if the landlord (or the Makler as his representative) want to have viewings.

 

If it's not specified in the contract, then it's best to work out a time slot once or twice a week, that is convenient to you, with the Makler. Your landlord must give you reasonable notice of any visit, and must make it at a time convenient to you.

 

You don't have to be there and you don't need to participate in the viewing, but it might be in your best interest to avoid any potential violation of your property, and also in case you want to sell anything on.

 

Under no circumstances is the Makler (or the landlord) allowed to enter your apartment, unless you specifically give permission!

Where does the Makler have his set of keys from? Once you rent the apartment, no one is allowed to have keys, unless you give them to someone "for an emergency".

 

Edit: Umm, yeah. What westvan said... I'm too slow. :rolleyes:

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[adminmerge][/adminmerge]

 

I've just received the following rather unceremonious email announcing that the letting agency will be showing my apartment whenever they like, and whether I choose to let them or not. Of course I know this needs to be done, but I dislike the fact that they think they can schedule an appointment without my agreement, seemingly at any time and day. Is this actually legal? Email below.

 

Ihre Mietzeit endet Ende Februar. Aus diesem Grund haben wir das Apartment wieder in unserem Bestand und werden auch Besichtigungen durchführen. Wir führen nur Einzelbesichtigungen durch. Bei Besichtigungen müssen Sie nicht vor Ort sein, wir haben einen Schlüssel. Bitte lassen Sie mich wissen, ob Sie lieber telefonisch oder per Mail über die Termine informiert werden möchten.

Wir werden Sie immer mindestens 1 Tag im voraus über Besichtigungen informieren.

Herzlichen Dank für eine kurze Rückmeldung.

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They are going to give you a one day notice before showing and want to know whether you prefer to be notified by phone or email.

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I know. The point is that I don't like being told when somebody is going to arrive before clearing it first. It's my apartment.

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I think they are taking you for a ride. Tell them they can't show the apartment when you are not there but since you are a very nice person you are willing to let them in when you are at home limited to 18:00 / 20:00 (or whatever you prefer) and they have to inform you a couple of days in advance and wait for your confirmation.

 

I like how they didn't ask for it, they think they are nice enough by informing you.

 

And them having copies of your keys is another story.

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Great, that's just what I thought. Is there some kind of legal basis I can refer to?

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They will be breaking and entering if they do it without your authorization and there is no justification (i.e. fire, water damage, etc.). As far as I know.

 

Maybe someone better versed in German law will chime in later.

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Tell them they can't show the apartment when you are not there but since you are a very nice person you are willing to let them in when you are at home limited to 18:00 / 20:00 (or whatever you prefer) and they have to inform you a couple of days in advance and wait for your confirmation.

 

And the number of attendees is limited, they can't expect you to let 30-odd potential tenants view the place at once.

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The merkler is trying to show the place about three times a week!

 

I didn't know Angela's husband was an estate agent! :lol:

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I don't think there is a problem with 30 people at once: "Wir führen nur Einzelbesichtigungen durch."

 

But that sounds like an excuse to show it more often.

 

ETA: and I don't believe it for one minute!!!

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Interesting info on the Berlin website, but is this valid for Frankfurt, or do laws vary in Bundesländer?

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See it as motivation to keep your place tidier.

 

When I sold my flat in London, it was never tidier. Just like when I used to give lessons at home here.

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Tidy or not, I would not want people snooping around in my apartment when I am not home. What if something goes missing?

 

Legally, they can not use their key to enter your apartment without your permission unless there is an emergency like a water leak or a fire. If they do use it to show your apartment when you are not home without your permission, you can press charges against them. You should tell them that. You can find some info on this here: http://www.mieterschutzverein-frankfurt.de/fileadmin/user_upload/PDF/Merkblaetter/Das_Besichtigungsrecht_des_Vermieters.pdf

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Turns out my contract says this:

 

Der Vermieter, bzw. sein Beauftragter darf die Räumlichkeiten des Weiteren auch zu Besichtigungszwecken ab einem Monat vor Ablauf des Mietzeitraumes betreten.

 

This is two months out...

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They are allowed to, but only with your permission. The link LeonG sent contains a lot of information - really good. You can send them the PDF file and tell them to contact you when they want to visit and you will make a decision, and inform them that they may not enter your apartment in your absence.

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It is good - but it doesn't mention anything about when the viewings can start, in relation to the termination date.

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Not in relation to the termination date, but it says this.

 

 

Wann darf der Vermieter die Wohnung besichtigen?

Ein Besichtigungsrecht des Vermieters besteht nur dann, wenn sachliche Gründe vorliegen. In folgenden Fällen darf der Vermieter, selbstverständlich

nur nach Ankündigung und mit Erlaubnis, die Wohnung betreten:

um die Wohnung Nachmietinteressenten zu zeigen, sofern das Mietverhältnis gekündigt wurde.

for viewing after the termination notice has been given. In your contract it says one month before final termination date. Now you can choose what you want to follow. You can either allow them to view the flat (in your presence) for the two months, or you can tell them that they can only conduct viewings in the last month that too in your presence or when you agree to.

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I emailed saying that they should contact me again in one month's time, and they politely responded that that was okay. Thanks all!

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