Paying Double Rent

6 posts in this topic

Hi All,

 

My girlfriend and I have hit a (somewhat) common problem here in Munich.

Earlier this week we gave notice to our landlord that we want to move out. Out move out date is the end of September.

 

We were successful in applying for a new apartment late last week and recently signed the new lease.

We asked out landlord if we could have a Nachmieter but he took a few days to get back to us.

Unfortunately because of the rental market here in Munich, we had to sign ASAP.

He told us today that we can't have a Nachmieter because (he says) he already has someone lined up to take over in October - no earlier.

As such, we now have to pay double rent for August and September (about €8000 in total for 2 apartments for 2 months - yay Munich...).

 

My question is: is there anyway we can avoid or lessen the amount of double rent we have to pay?

 

We've heard the story that if we find 3 suitable Nachmieter then we have fulfilled our obligations and can leave early without having to pay the extra rent.

I've looked into this and is seems like it's just a rumour, as we don't have anything like that specified in our contract.

I also thought that we could move most of our stuff and Untermieter the second apartment for the two months, but I'm not sure if that's allowed under our new rental contract. We could potentially get away with it, as the landlord lived in South Korea, but it would be a bit sketchy.

 

I've become a member of the Munich Mieterverein today and asked them to set the record straight on both possibilities.

 

I've also considered that we could claim a Werbungskosten for doppelte Haushaltsführung (double home costs). The problem is that we are only moving across Munich.

My current (old) apartment is 10 minutes from work, while my new one is 30 minutes from work. The commute for my girlfriend has also gone from 20 to 40 minutes.

 

I've had a read here ( https://www.finanztip.de/doppelte-haushaltsfuehrung/) and it seems that it may be possible.


Eine doppelte Haushaltsführung ist ebenfalls beruflich begründet, wenn Sie Ihre Hauptwohnung aus privaten Gründen vom Beschäftigungsort wegverlegen – und anschließend am Beschäftigungsort einen Zweithaushalt gründen, um von dort aus weiter Ihrem bisherigen Job nachzugehen (sogenannte Wegverlegungsfälle).

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A double housekeeping is also professionally justified if you move your main home for personal reasons away from the place of employment - and then set up a secondary household at the place of employment to continue from there to your previous job

 

Is anyone able to clarify if this is applicable?

 

Thanks in advance!

 

 

 

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Ask him if you are allowed to sublease for the 2 months. If he agrees then rent it per AIRBNB.

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When you signed the new contract then you were aware that this was possible and when you move you often end up with double rental for a month so I'm afraid that you should have budgeted for this.

 

I doubt that you will be able to claim for double household, as normally it requires that your personal life and work are in different locations far apart which means commuting daily is not feasible, and just moving house will not count towards this especially and everything is in the same city.

That is what the finanztip.com also states, and I think you are misinterpreting this.

 

 

You could try to negotiate with the tenant who is moving in directly.  They might be happy to move in a month, or even just 2 weeks earlier and may be willing to pay extra for this (despite what the landlord says).  

 

 

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2 hours ago, darck said:

Ask him if you are allowed to sublease for the 2 months. If he agrees then rent it per AIRBNB.

 

I can ask, but the guys is an arsehole, so I'm 99% sure he'd say no.

 

 

1 hour ago, dj_jay_smith said:

When you signed the new contract then you were aware that this was possible and when you move you often end up with double rental for a month so I'm afraid that you should have budgeted for this.

 

I doubt that you will be able to claim for double household, as normally it requires that your personal life and work are in different locations far apart which means commuting daily is not feasible, and just moving house will not count towards this especially and everything is in the same city.

That is what the finanztip.com also states, and I think you are misinterpreting this.

 

 

You could try to negotiate with the tenant who is moving in directly.  They might be happy to move in a month, or even just 2 weeks earlier and may be willing to pay extra for this (despite what the landlord says).  

 

Well obviously, yes. I'm not complaining that this "isn't fair", I'm just trying to see if there is a way I can avoid forking out all that cash.

 

Yeah I would love to ask the new tenants personally but, as above, there would be no way that he'd give me their contact details to ask them...

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check your vertrag to see what it says about subletting before you ask him.  strangely enough mine says it's fine, no questions asked so who knows?

 

do you have friends or family who might want to use the place (with or without a donation to your cause)?  AFAIK it's fully within your rights to host visitors (even non-family) for up to 6 weeks, no permission needed.  and I think family can stay even longer. 

 

I really think you should ensure the place gets some regular traffic while you're still paying for it as honestly, something sounds a bit off.  Nothing specific, I just think "how convenient would it be if the landlord got to renovate the place while you are still paying rent?"... that kind of thing.  maybe changing the lock would be prudent if no one will be staying there.

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34 minutes ago, lisa13 said:

check your vertrag to see what it says about subletting before you ask him.  

...

I really think you should ensure the place gets some regular traffic while you're still paying for it as honestly, something sounds a bit off.  Nothing specific, I just think "how convenient would it be if the landlord got to renovate the place while you are still paying rent?"... that kind of thing.  maybe changing the lock would be prudent if no one will be staying there.

 

Thanks for the reply! I'll have to double check our Vertrag but I believe we need permission to sub-lease it, however i read somewhere today that we can demand the he allows us to do so as long as we bear the cost of and damages that occur during the time.

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