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Not informing landlord about death, reason for cancellation

15 posts in this topic

That is actually quite shocking!

If the daughter was living there before the death, and continued to live there, then I see no difference for the landlord/lady, as long as the rent continued to be paid!

 

Having now read the article, she was two months behind in paying, but even so, I think this sets a bad president.

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She didn't inform the landlord for 10month, and got behind with her payments 2 months. That's what German landlords call "unreliable", simple as that.

 

The article also states that "Die Familie bekam vom Gericht trotzdem noch mehrere Monate Zeit, die Wohnung zu räumen" (several month granted to move out), so Yourkeau's statement "This was enough as a valid reason to cancel the rental contract immediately" sounds a lot scarier than the situation actually is.

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The landlord made a rental contract with the mother.  The landlord is supposed to be able to decide for himself who he makes contracts with.  If a landlord can refuse a nachmieter, surely he can also refuse a grown child that wants to take over a parents contract, not that the daughter even asked to take it over in this case.  She was living there without one.

 

Tenants have many rights.  Regardless of whether they have contracts and whether they are paying.  A friend of mine recently bought a house in a foreclosure.  It is a mixed property, apartment and business.  The tenants rental contract actually expired a few months ago.  They are no longer paying rent because their contract has expired.  They are not actually running a business in there but are using the business part of the property as their private storage.  They have shown him that part of the property but refused to give him a key or show him the apartment.  They are expecting that they can stay in both parts of the house for as long as it takes them to find the perfect house for rent.  They offered to make a rental agreement for only the apartment for a very low price.  My friend looked into taking steps to have them removed from the house but it will take at least 3-6 months in court and after that, they get another 3-4 weeks notice from the bailiff before they are eventually moved out.  The owner will have to pay the costs up front but I assume will eventually be able to get back from them if they have money.

 

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3 hours ago, robinson100 said:

That is actually quite shocking!

If the daughter was living there before the death, and continued to live there, then I see no difference for the landlord/lady, as long as the rent continued to be paid!

 

Having now read the article, she was two months behind in paying, but even so, I think this sets a bad president.

Given that this is Munich and that the mother was probably living there for many years, the rent was well below the market/Mietspiegel. So, landlord was quite happy to cancel the contract when they found out they could.

 

Quote

The landlord is supposed to be able to decide for himself who he makes contracts with.  If a landlord can refuse a nachmieter

Direct relatives are not random Nachmieters and have some right by law as someone who have inheritance rights. But this change has to be registered anyway (just like moving in of any relative), otherwise the contract loses validity. Had she informed the landlord, the contract would have been valid.

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8 hours ago, yourkeau said:

Direct relatives are not random Nachmieters and have some right by law as someone who have inheritance rights. But this change has to be registered anyway (just like moving in of any relative), otherwise the contract loses validity. Had she informed the landlord, the contract would have been valid.

 

This is definitely true as we discovered after my brother in law passed. We still had to put in a 3 month notice to vacate even though he was dead. We couldn't put in the notice until all of the papers, death certificate, etc. were completed. According to the landlord, this was in case any other family member came forward and wanted the apartment. Crazy. He lived alone there for 30 yrs. and had no wife or kids. We got to pay about 6 months rent before getting things settled. We basically couldn't leave town until everything was done.

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23 minutes ago, fraufruit said:

We got to pay about 6 months rent before getting things settled.

This seems very odd--why would you have any liability for your dead relative's lease payments?  Or was it being paid from his still-open account?

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Yes, it came from his account which took a very long time to close out.

 

I said "we" because, in the end, my husband, brother and dad inherited what was left.

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That Landlord is a plain arsehole frau fruit.

 

One of my tennants died and i let them stop paying immediately.  They were not wealthy people. I said if you clean up everything inside a month dont worry about paying anything.

 

They were happy that they didn't owe any money and i rented the place out straight away for a hefty increase. Game theory used, everyone was a winner.

 

If people stopped being a total dick heads here they would probably end up better off in the long run anyway.

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He was an arsehole with the law on his side. The whole thing didn't make sense. Winnie was only paying a little over € 300 rent and there had been zero renovations or improvements the whole time - he never asked for anything. Yes, 30+ year old carpet, etc. That landlord could have taken it over immediately, done a remodel and raised the rent to € 900. In the end, we had to pay another € 1800 for renovation to get out of the contract. We were done and tired of fighting and wanted to leave town. Oh, and we were grieving - Winni died a horrible death.

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1 hour ago, fraufruit said:

We couldn't put in the notice until all of the papers, death certificate, etc. were completed. According to the landlord, this was in case any other family member came forward and wanted the apartment. 

 

Sorry, but no.

You would have just needed a Kündigung signed by all heirs, you do not yet need the Erbschein.

 

§564 BGB (see here for English version) allows the heirs to terminate a rental contract (even if it is a fixed length rental contract that couldn't normally be terminated except after a few more years) with a 3 month termination period, as long as:

  1. they found out less than a month ago that the person died and
  2. the landlord informed the heirs less less than a month ago that nobody else wants to take over the lease.

For details please read this: https://www.rechtstipps.de/steuererklaerung-finanzamt/themen/tod-des-mieters-was-wird-aus-dem-mietverhaeltnis#r-68710

 

 

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One heir lives in Thailand. That complicated things a bit.

 

Anyway, we muddled through and did our best. We knew the landlord was taking advantage of the situation.

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Allow me to add that there was some damage in the apartment from the fire brigade breaking in and there was also a broken window that Winni had taped up.

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