Early termination of rental contract because I cannot use the bathroom any more

19 posts in this topic

Hello,

 

There was a problem with the bathroom in my flat and the landlord said he will do the repair and the insurance pays for the repair to the landlord.

So my landlord started the repair on June 26th 2017. Before he started the work he said it will be finished in a week. Until the repair is finished I cannot use the shower, but I can use the rest of the bathroom. But after a week he came to me and said repair will still take 2 to 3 weeks. I couldn't agree with him and in the end he said he will decrease the rent by 20% and he said I can use the shower in the cellar. So I was prepared to wait for a month, waking up every day at 5 am to do shower in the cellar before everyone wakes up..lol

 

Now it's been 6 weeks and no one knows when it will be finished. I have checked my house contract and it says the following regarding the termination.

 

§ 5 Kündigung

(1) Ist der Mietvertrag auf unbestimmte Zeit vereinbart (siehe § 4), so richtet sich das Kündigungsrecht des Mieters und des Vermieters nach den gesetzlichen Vorschriften. Für die Rechtzeitigkeit der Kündigung kommt es nicht auf die Absendung, sondern auf den Zugang des Kündigungsschreibens an.

(2) Die Kündigung ohne Einhaltung einer Kündigungsfrist (fristlose Kündigung) richtet sich nach den gesetzlichen Vorschriften. § 11 Abs. 3 bleibt unberührt.

(3) Die Kündigung muss schriftlich erfolgen. Im Übrigen sind die gesetzlichen Vorschriften zu beachten.

 

So is it possible to terminate the contract now or should I wait for 3 more months?

Thanks and have a nice day.

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You did join the Mieterverein?  

If not go and join them- reasonable annual fee, and take your contract/ lease and ask their advice. Best resource for renters/ tenants, and problems with landlords.

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If that were us, the landlord would have a letter informing him of a cut in the rent until the job was finished. I would also have contacted whichever ampt is responsible for health etc to see if this is a breach of the law.

 

However, as I always say when renting -  Mieterverein  Mieterverein Mieterverein - make an appointment to see them and ask if they can help.

Call them as soon as you can.

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48 minutes ago, Uncle Nick said:

 

 

598b123f6b90b_beachofthelaw.jpg.9f1c4911

You know what they say, life's a breach, then the lawyer takes your undies...

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Hi subash22 oh that's not good to hear you can't use your shower

here is a table with different % that can be reduced. 20% may look ok on condition he has a deadline to fix it. 

http://mietminderungstabelle.de/Mietminderung-Kategorie.Badewanne-Dusche.html

What is unclear from your message is the shower in the cellar you are currently using your own shower as part of your rented place or a strangers shower? It's always tricky if one of your bathrooms function fully and the other partially functions...One thing for sure keep the rent reduced and set another deadline.

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@smurf: sounds like it's not his own shower if he has to get up at 5 am to use it before others do.

3 hours ago, subash22 said:

...waking up every day at 5 am to do shower in the cellar before everyone wakes up.

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4 hours ago, RedMidge said:

You did join the Mieterverein?  

If not go and join them- reasonable annual fee, and take your contract/ lease and ask their advice. Best resource for renters/ tenants, and problems with landlords.

If you do please update and let us know what happened.

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2 hours ago, smurf said:

Hi subash22 oh that's not good to hear you can't use your shower

here is a table with different % that can be reduced. 20% may look ok on condition he has a deadline to fix it. 

http://mietminderungstabelle.de/Mietminderung-Kategorie.Badewanne-Dusche.html

What is unclear from your message is the shower in the cellar you are currently using your own shower as part of your rented place or a strangers shower? It's always tricky if one of your bathrooms function fully and the other partially functions...One thing for sure keep the rent reduced and set another deadline.

Hi, thanks for your reply. The shower in the cellar is not used by anyone else as no one lives in the cellar and I certainly don't own that shower. But the problem is there is no door to that shower, only a curtain that covers half of the shower. Also in the cellar there are washing machines and dryers from others living in the apartment. So it's always tricky to find appropriate time to take a shower especially when living with my girlfriend.

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20 minutes ago, subash22 said:

Hi, thanks for your reply. The shower in the cellar is not used by anyone else as no one lives in the cellar and I certainly don't own that shower. But the problem is there is no door to that shower, only a curtain that covers half of the shower. Also in the cellar there are washing machines and dryers from others living in the apartment. So it's always tricky to find appropriate time to take a shower especially when living with my girlfriend.

 

Could you hang a sign on the door saying "Warning! Naked man inside. Please come in later"?

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Oh gosh..that's not good...No way the landlord can have you running around there in the cellar with other lads and ladies coming down to wash their undies. Set him a deadline fast and inform him if he does not fix it by a certain date you will hire someone to fix it and send him the invoice. Give him enough time from your letter to fix it and register your letter to him by post and ensure you get proof back he got the letter. Don't stop paying rent that could give him reason to kick you out. Give deadlines and follow by consequences. Understand where your coming from it's not about the % deduction it's getting the damm shower fixed. 

 

 

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@subash22 - do you actually WANT to move out of the flat?

 

If not, then get along to the Mietverein and get some decent advice, and then consider how to make the shower in the cellar more "private" whilst repairs are being carried out - as Smurf said, set another deadline before getting somebody in to fix it yourself.

 

Maybe hanging up a large sheet or standing a paravent in front of the shower would mean that you can get up at a "normal" time to shower, instead of in the middle of the night!

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Had another thought which is not an ideal scenario you could make all the washing machine users feel super uncomfortable by you hanging out in the shower around there or making a racket.  Bring a hanger for a dressing gown make it look like it's your daily shower area. Then they would complain also. Who is paying for the water that you are using in the cellar as you want to make sure you are not paying that water bill extra if shared? 

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5 hours ago, Uncle Nick said:

 

 

598b123f6b90b_beachofthelaw.jpg.9f1c4911

My question is now, is this problem a valid problem to terminate the contract asap and move out?

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17 minutes ago, robinson100 said:

@subash22 - do you actually WANT to move out of the flat?

 

If not, then get along to the Mietverein and get some decent advice, and then consider how to make the shower in the cellar more "private" whilst repairs are being carried out - as Smurf said, set another deadline before getting somebody in to fix it yourself.

 

Maybe hanging up a large sheet or standing a paravent in front of the shower would mean that you can get up at a "normal" time to shower, instead of in the middle of the night!

I want to get out of this house if i can terminate the contract based on this problem. I am not sure if it's possible or not...

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@subash22: the picture I posted has nothing to do with your situation, it was to do with cb6dba's typo which he has now corrected, the original text which I quoted was "...a beach of the law" hence the picture of a beach with the paragraph sign on it.

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When my friend's bathroom was unusable, his landlord had to put him up in a hotel until the repairs were completed. Didn't take long then.

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Hi fraufruit good that it worked out with the hotel. I heard this old trick the other way around from landlords though. Offer you to stay in hotel you pay the bill and landlord says will re-imburse and then doesn't. Better to try and avoid that unless the home is not livable in

 

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