Giving proper 3 month notice before moving out

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Having been in Germany nearly 9 years, I would have to say I am pretty well versed on the German bureaucratics here, so much that I sometimes find myself actually being able to give advice to those who need it and give the 3rd degree to people who move here and act like it's supposed to be America.

 

But I'm encountering a situation that I didn't think I would find myself in, and I need some advice: I've been living with a family for about 11 months, and I've been able to put together enough cash for an apartment--I gave my 3 month notice and began looking for a new place to stay. By crazy coincidence, I found a gorgeous apartment that just so happened to be owned by my best friend's mother, whom I've quite well acquainted with! Without hesitation, she is saying is quite willing to let me have it.

 

My concern is that I gave my 3 month notice about 3 weeks ago, and when I told family that I'd found a great place and was probably going to be moving in the beginning of June, the dad's face turn the color of school paste while the mom was looking wildly about saying, "Warte mal...!"

 

I do realize this is unexpected, but at the same time--I did give provide WRITTEN notice that I'd be leaving within 3 months. Do I legally have to stay the full 3 months before moving out? It would just seem rather dumb if someone finds a place within the 3 month period of time and is forced to pay the rent for TWO flats. What is the law on this if I provided written notice?

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You have to pay until the 3 months (to the end of the month) are over unless something else is written in the rental contract. Often an agreement can be reached with the current landlord if you (or he) can find a new tenant to take over the apartment before the 3 months are over. Talk to him.

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First, let me start by saying that I do not see why living for 11 month with a family leads to a 3 month notice period... Is that stated in your contract? 

 

Quote

 

I do realize this is unexpected, but at the same time--I did give provide WRITTEN notice that I'd be leaving within 3 months

Let's assume you have a job with a 3 month notice, and the boss fires you, obeying that timeframe. Do you really believe he/she can send you home any day within those next 3 months without payment from that day on? Certainly not. He/She can refrain from using your resources, but he/she has to pay you till the final day. 

 

Same applies to you: You may refrain from using the resource (your former home) for the rest of that time frame, but you are obliged to pay till the last day. 

 

Unless you find a Nachmieter who's accepted by the landlord...  

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Presumably that until the three months are up, you need to pay the rent, and if you need to rent the new place sooner than that, then yes, you will be paying two rents for that period. 

 

14 minutes ago, razorsandroses said:

-I did give provide WRITTEN notice that I'd be leaving within 3 months.

 

The 'within' part of this is where confusion is arising for you, I think. I don't suppose they care exactly when you move out, but they will be expecting the rent paid for that time, and they will be expecting it to be empty when the time is up. In return, they couldn't kick you out if they found a new Nachmieter last week, since you have every right to live there for the three months. 

 

Unless you can find a nachfolger who can move in to replace your rental income straight away (but they don't have to accept that substitution if they don't want to) then I am pretty sure, in an armchair expert kind of way, that you owe them this money.

 

 

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How exactly are you living with the family? There is a shorter notice period in some circumstances. A bit too late now but you might still be able to get out to the end of June at least.

 

§ 573c Abs. 3 BGB -> § 549 Abs. 2 Nr. 2 BGB 

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Here's a simple way to put it (to me at least)

 

You are legally obligated to ensure the landlord receives rent for the last 3 months.

 

That being said, the landlord generally can't collect rent from two people for the same apartment, so if you have a good relationship with the landlord and you can help him/her find another tenant that they would like to have in the apartment, then that could help eliminate your need to pay rent yourself.

 

Of course, if you don't have a good relationship with your landlord, even if you try to help find a "nachfolger" it might not help because your landlord has the option not to take them on as renters.

 

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On 2017-5-21 21:37:47, razorsandroses said:

 

I do realize this is unexpected, but at the same time--I did give provide WRITTEN notice that I'd be leaving within 3 months. Do I legally have to stay the full 3 months before moving out? It would just seem rather dumb if someone finds a place within the 3 month period of time and is forced to pay the rent for TWO flats. What is the law on this if I provided written notice?

 

What does your rental contract say about your notice? Most apartments have a 3 month notice while a furnished apartment or room could be month to month.

 

If your room really has a three month notice, then you will have to abide by it. If you gave your notice no later than the 3rd working day of May, you will have to pay rent for June and July as well. You can move in June but that doesn't free you from paying rent, that is unless you find another tenant that the family will expect who will move into your room and take over the contract. 

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Hi, sorry to raise the topic again. Because of my new job I was leaving my apartment. My current apartment contract states nothing about the notice period. Should I still give 3 months notice?

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1 hour ago, ahammed said:

My current apartment contract states nothing about the notice period. Should I still give 3 months notice?

 

Unless your lease states something to the contrary, the statutory notice period applies - three months in your case, unless one of the exceptions applies (furnished apartment, living with the landlord, etc.).

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@El Jeffo, Thank you for you answer. I asked my Vermieterin in Whatsapp on April If I can leave on End May. She agreed on that. But today her husband came for house inspection. He misbehaved and shouted with me. The disagreement was for Garage Key. He asked me to give the Garage key but I told I need it as this is the only key which allows me to go inside the Garage from outside. He then threatened me by saying that if I don't give the key today, I have to pay for 2 months rent. I told her wife who was the actual owner of the house that I should have called police. He has no right to ask me for the key when I am paying the rent till 31st May. How can he shout at me in my own apartment? I also agreed to pay for 2 more months although she told me before 1 month is fine in writing at Whatsapp. I find no logic to listen to shit for some Euros. She just told me that her husband is like that. I don't know but do they have right to take my keys and shout at me like that in front of my children? I have not done any damage to the house.

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1 hour ago, ahammed said:

@El Jeffo, Thank you for you answer. I asked my Vermieterin in Whatsapp on April If I can leave on End May. She agreed on that. But today her husband came for house inspection. He misbehaved and shouted with me. The disagreement was for Garage Key. He asked me to give the Garage key but I told I need it as this is the only key which allows me to go inside the Garage from outside. He then threatened me by saying that if I don't give the key today, I have to pay for 2 months rent. I told her wife who was the actual owner of the house that I should have called police. He has no right to ask me for the key when I am paying the rent till 31st May. How can he shout at me in my own apartment? I also agreed to pay for 2 more months although she told me before 1 month is fine in writing at Whatsapp. I find no logic to listen to shit for some Euros. She just told me that her husband is like that. I don't know but do they have right to take my keys and shout at me like that in front of my children? I have not done any damage to the house.

 

As long as you are paying rent, you don't have to return the keys.  If you pay for 2 more months, you keep the keys for two more months.

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12 hours ago, LeonG said:

 

As long as you are paying rent, you don't have to return the keys.  If you pay for 2 more months, you keep the keys for two more months.

@LeonG, thank you for your answer. I know it but they just forced me to do it. As a foreigner in this land, I guess its something I have to accept.

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