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Confusing situation with university sublet

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Hi all,

 

I'm in a confused situation and not sure where to go for advice. Hoping you all could help me.

I lived in a student building in a WG in Munich. This is one of those private dorms which are owned by a company, not a church or anything. We are usually offered one year leases.

I signed the lease in October, but got an offer to do my Master thesis in Switzerland from April onwards. So I decided to get a subletter for the months of April to October. All goes well for the fisrt couple of months. Then in June the subletter starts complaining about ill treatment from the other members of the WG, and informs me that he is going to leave at the end of June. I told him that if he wanted to leave so early, he would need to get a Nachmieter to take his place. Subletter searches for a Nachmieter, but doesn't find a suitable one who is a student (required by the building management). In the last weekend of June, subletter gets into a fight with other members of the WG, and the police are called. Management basically removes him from the building. 

 

As you can imagine, this leaves me in a difficult situation, because I need to keep paying rent until the end of the contract. The subletter claims that since he proposed me others to take his place, and because he was banned from the building, that he doesn't need to pay anymore, and it is now my problem. I'm unable to consult the Mieterverein or the Uni legal assistance because I'm now in Switzerland.

 

Does anyone have any advice on how to deal with this situation. Do I have a case of any sort against my subletter? Or do I need to keep paying rent till the end of the contract?

 

Thanks all!

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Assuming thatyou get on well with the others in the WG, why not ask if they knowsomebodywho wouldlike to move in?

 

As for not being able to contact the Uni legal assistance - don't they have phones or email? Most people do these days :)

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1 hour ago, hellraised said:

Do I have a case of any sort against my subletter? Or do I need to keep paying rent till the end of the contract?

 

 

It's not "or" it's "and". There are two separate contracts:

 

Your contract with the private dorm company, you have to keep paying til the end of your contract.

 

The contract between you and your subletter, he has to pay. 

 

The question is will you be able to get any money from him, with the help of a lawyer. Or is he broke anyway ...?

 

I support Robinson here: Look for a more reliable subletter, maybe with the help of your former WG.

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2 hours ago, hellraised said:

Do I have a case of any sort against my subletter?

 

Yes you do.

 

Your subtenant is obligated to pay his rent for the duration of the contract he signed, unless you were to agree to come to an alternative arrangement with him.

 

Even if he wanted to leave before the fixed end of contract date he would have to give you written notice of that intent by the 3rd workday of the month (this month that would be Wednesday 4 July 2018) for it to be effective at the end of September 2018.

 

In other words, unless another party moved in to his room, he would have to pay until then, even if he had got himself banned from the building. You are not responsible for his situation, which appears anyway to have been brought about by his own actions.

 

Normally it would take months to have someone legally evicted in Germany, but in this case it seems the building management grabbed the opportunity offered by him causing enough trouble for the police to attend and issued him with a Hausverbot order.

 

Any owner or householder of any building in Germany can do so given sufficient grounds exist. Most businesses post grounds they might use under their Hausordnung (building rules) or they are displayed in shops, train & bus stations, airports, workplaces, etc..

 

Private individuals don't need to post rules at their door, but they do have the permanent right to issue a Hausverbot, even verbally, which obliges the affected party to vacate the premises immediately and remain away indefinitely.

 

2 hours ago, hellraised said:

Or do I need to keep paying rent till the end of the contract?

 

Yes you do.

 

You are obligated to fulfill your part of the rent contract you agreed on with the company. That relationship is not affected by the situation wrt your subtenant.

 

Look through the stickies at the top of the Legal subforum for how to obtain a Mahnbescheid and read about how to move that up to a Vollstreckungsorder. That might help you get paid. 

 

Ask your WG-mates to try and help find another Nachmieter. Offer them a falling bounty - the sooner they find an acceptable one to sign a new contract the more €€€ they get from you. That might save you some money.

 

2B

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Thank you for your advice. What I meant by "Do I have to keep paying rent" was that could I get another subletter being that management has kicked this one out. It seems clear from your replies though, that I can.

 

Thanks again!

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14 hours ago, robinson100 said:

As for not being able to contact the Uni legal assistance - don't they have phones or email? Most people do these days :)

 

Uni legal assistance does not offer counsel over the phone, I need to go there in person with my valid student ID and passport, which is what makes the situation difficult... also kind of the problem is that it is a joint contract with all members as Hauptmieter, and with this experience they are against me subletting again.

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Dear Toyotwners,

 

The situation has become more complicated. I tried to speak to my subletter in order to see if we could reach an agreement without going to court. He informs me that since a transfer of subtenancy was signed with one of the unsuitable candidates (at the time student status of the candidate was not clear) by all three of us, his contract has been transferred and he is not liable anymore. How true would this be?

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48 minutes ago, hellraised said:

[The subletter] informs me that since a transfer of subtenancy was signed with one of the unsuitable candidates (at the time student status of the candidate was not clear) by all three of us, his contract has been transferred and he is not liable anymore. How true would this be?

 

It doesn't seem to have become more complicated. Your sub-renter is just trying to rationalize his breach of contract into something that gets him off the hook.

 

Do as 2B suggested earlier.

 

18 hours ago, 2B_orNot2B said:

Look through the stickies at the top of the Legal subforum for how to obtain a Mahnbescheid and read about how to move that up to a Vollstreckungsorder. That might help you get paid. 

 

 

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Hi all,

 

Just wanted to update this situation for more advice. The subletter has issued me an "ausserordentliche kundigung" claiming that as his landlord, I am responsible for the behaviour of the other members of the WG towards him, and evidently I have "neglected my responsibilities" by not solving this issue (when he had clearly told me he didn't want me to take any action). 

 

Even then, he claimed to have vacated the place which is clearly not true, as much of his stuff is still there. He hasn't cleaned the place, and is still holding onto the keys, which makes it impossible for me to rent it out to somebody else. Moreover, from what I have heard from my WG mate, he comes into the flat whenever he feels like it in order to take some of his stuff, without informing anybody in advance.

 

If he is holding onto the keys, doesn't this mean he is still living there, and his termination is not valid? If he is not living there as he claims, is his coming there on unagreed upon times not a violation of the Hausverbot order as well as trespassing in my property (a criminal offence)? I'm going to see a lawyer for general advice, but probably they won't help me with a case in another country, so I thought I would ask the knowledgable Toytowners for advice.

 

This forum is truly awesome. Thanks.

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As long as he still has the keys and his items in the room he is still responsible for paying the rent. However it will probably not be worth it taking him to court over it. 

 

IMO you have two options. One is to write him that you do not accept his kündigung because he needs to give proper notice and at the end of it, his things need to be out of the apartment and his room clean and the keys back with you. The other is to inform him that you accept his kündigung but he will have 3 days to remove his property, clean his room and hand over the keys. What you do though if he doesn't respond, you need to be very careful to follow the law. Tenants have enormous rights in Germany and you could get sued if you for example lock him out or remove his things from the room yourself. 

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36 minutes ago, LeonG said:

As long as he still has the keys and his items in the room he is still responsible for paying the rent. However it will probably not be worth it taking him to court over it. 

 

IMO you have two options. One is to write him that you do not accept his kündigung because he needs to give proper notice and at the end of it, his things need to be out of the apartment and his room clean and the keys back with you. The other is to inform him that you accept his kündigung but he will have 3 days to remove his property, clean his room and hand over the keys. What you do though if he doesn't respond, you need to be very careful to follow the law. Tenants have enormous rights in Germany and you could get sued if you for example lock him out or remove his things from the room yourself. 

 

His things are not going to be touched. What upsets us is that despite having terminated his lease he has kept the keys and keeps entering the place secretly. He didn't hand over the keys on his termination date as he is supposed to. Is this not a criminal offence? I can't exactly lock him out as he has the keys.

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I'm not even sure what you want to accomplish at this point - do you want him to pay you, or do you want him fully out?

 

if the latter, change the lock(s) (this presumes you have some, ideally written proof that he gave you notice to leave end of June).  There are threads on that topic here.  

 

there is also a thread floating around about what to do when someone moves out a leaves a bunch of stuff at your place.  find those and read them.

 

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8 hours ago, hellraised said:

 

His things are not going to be touched. What upsets us is that despite having terminated his lease he has kept the keys and keeps entering the place secretly. He didn't hand over the keys on his termination date as he is supposed to. Is this not a criminal offence? I can't exactly lock him out as he has the keys.

 

While his things are there and he hasn't done a handover he is legally still renting the place. Sure you can change the locks and lock him out but you could be in trouble legally if you do this because he is still a tenant until you officially get him evicted. I googled this today and that's what they say. To officially evict him you'd have to go to court and file a Räumungsklage. This costs loads of money and takes forever so you would probably be better off just harassing him about continuing to pay rent until he clears the place and hoping he gets his stuff out soon. You could of course threaten to toss his stuff out and change the locks as long as you don't actually do it. You can not charge him with trespassing as long as he is legally renting the place. However if he's threatened or harmed one of your other tenants they could go to police and see if they can get a restraining order against him.

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12 hours ago, LeonG said:

 

While his things are there and he hasn't done a handover he is legally still renting the place. You can not charge him with trespassing as long as he is legally renting the place. However if he's threatened or harmed one of your other tenants they could go to police and see if they can get a restraining order against him.

 This is what I needed.

 

Thanks.

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