Buying a rented apartment

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I'm looking at buying an apartment in Berlin, but finding an unvermietet one in my price range is difficult.

 

I've heard if you're moving in, then you're allowed to force the renters out. (I'm not sure I like the idea of that, but this is just to know where I stand...).

 

Has anyone done this? Is that true?

 

If it is... what's the process / timeframe? Someone also vaguely mentioned that maybe you ad to pay them to move out?

 

Any ideas? Everything I've heard has been hearsay, and my googling isn't turning up anything useful.

 

Thanks

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Basically you evict the tenants because you (or a family member) want to move in yourself. Its the only easy way to evict a tenant. Make sure the tenants are not 90 year old pensioners.

 

The process can take up to 1 year.

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It may even take longer than one year. A family in our building had owned the apartment for close to four years, before they moved in. They had to help find the former tenants a new apartment ( one which they liked and could afford) and they had to convince a

judge that 35 km one way were too much to commute daily.If you need to move in quickly, forget about a rented apartment.

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If you need to move in quickly, forget about a rented apartment.

 

and forget about cheap, they probably also paid for them to move, the maklercosts, the court fee and probably other costs.

 

There is a reason why it's in your price range, you will end up paying the difference one way or the other.

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I might be stepping out of line here, but buying with the intention of kicking out sitting tenants also just doesn't seem like a very nice thing to do. On a basic, decent-human-being level. I appreciate that you want somewhere to live within your budget, but I know I wouldn't sleep well at night if I'd found my house at some innocent party's expense. I think it's reassuring that the law makes this difficult. It is someone's home, after all, even though they 'only rent'...

 

But maybe I'm just soft! :)

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I have a friend whose mother lives in the same flat.. I think she lived there in the past 16-17 years.

The Kündigungsfrist for her is 1 year (12 months). Can´t even imagine how long it is when u´ve lived there for 40 years...

 

I´d ask a lawyer if u can use the Eigenbedarf reason in this case and if yes, then how much notice u have to give.

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Actually Doctor Quinn, I think it boils down to morals and values. 40 years, sounds like someone has been set in their ways.

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well the OP already said would love to buy the flat, so I guess we´re over morales & values at this point... and more of it, if it is legal, then I don´t see the problem. it is the ``legal`` part of the forum, all in all.

I would ask a lawyer if there can be something done in this case. the safer option would be to buy a flat which isn´t rented, of course.

 

@Jim: I wouldn´t wanna hear moral or compassionate stuff from my lawyer, and wouldn´t even expect it. the question is what can be legally done, if possible, in this situation.

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I am considering buying an apartment in Munich, but at the moment the apartment is being let to a long term renter. My question is, in the future (maybe 2, 5 or 10 years) I will want it for my own personal use, how easy is it to remove a tenant, what rights do tenants have.

 

Many thanks

 

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Yes, tenants have rights in Germany.

 

The notice is always 3 months for the tenant but for the landlord it is 3 months for a tenant who has been there less than 5 years, 6 months if he has been there for 5-8 years and 9 months if he has lived there for 8 years or longer. However, older rental contracts may have longer notice periods than that. You'd have to see the contract.

 

Aside from that, you can not just give notice to a tenant without good reason. One allowed reason is that you need the apartment for yourself or a member of your family. However, if you buy a property that is already rented out, you must wait at least 3 years before you may give notice based on that reason. In some states/cities, it may even be longer than 3 years so before you buy a property that is rented out with the idea that you will give notice to the tenant and live there yourself, you should definitely get a copy of the rental contract and see a lawyer.

 

You can of course offer the tenant that you will pay them (moving costs + €€€) if they are willing to move sooner. They know they will have to move sooner or later so they might just take you up on it if the price is right.

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Really interesting topic. It is a little old, but I´ve got the main idea if you want to buy it in order to live in it must be empty and not rented. In case it is already rented better forget it...sad but true

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