Getting kicked out of our flat - any rights?

4 posts in this topic

Hallo!

We are being kicked out from our flat that we have been renting second hand for almost three years. When we first moved in we signed a contract with the Hauptmieter for a year and then we prolonged it to no limit. We only recently found out that the hauptmieter however never got the correct approval from the landlord to sublet or this is still a bit unclear. We sent copies of our passports to the landlord when we moved in so we thought it was all good, I mean they knew about us living there? For 3 years? But now the hauptmieter has received a written letter that we have to be out by end of August. He thinks we should fight the landlord and we tried to get some legal advice but it's tricky when my German is so weak. He has written a letter suggesting us as the next hauptmieter, but he said they don't want that. Why wouldn't they? We are super neat neighbors. So I'm asking for advice, should we try to fight for this flat or is it a lost case? Should I contact the landlord myself? The hauptmieter said I can but that they won't talk to me since I'm not a recognised tenant. I love this flat so much, don't want to loose it.

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You may want to consider joining the mieterverein and letting them advise you on your rights and the best course of action regarding this termination.

 

Good luck.

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Thanks for your mega quick reply. The hauptmieter are in process of joining them. As I understood it, we can't since we aren't the official tenants. But I'll look into it.

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1 hour ago, gusgunlis said:

Thanks for your mega quick reply. The hauptmieter are in process of joining them. As I understood it, we can't since we aren't the official tenants. But I'll look into it.

The Mieterverein is for all tenants, so of course you can join. They can advise you.

The Hauptmieter can join and get advice, but you need to join if you want advice.

It is not clear if the landlord/ owner was aware of the sub letting? If he had not approved this, then he may be able to evict you. 

Not an expert here- so get thee to the Mieter people.

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