Landlord selling apartment: Right of termination waived

7 posts in this topic

Hello!

 

I was just informed that my landlord wants to sell the apartment I'm currently renting.

 

In my contact we have waived the right of termination for a period of two years:

Es handelt sich um einen allgemeinen Mietvertrag von unbestimmter Dauer mit Ausschluss des Kündigungsrechts.

Die Parteien verzichten wechselseitig auf die Dauer von 2 Jahren ab Vertragsschluss auf ihr Recht zur ordentlichen Kündigung dieses Mietvertrags.

Eine Kündigung ist erstmals zum Ablauf des Zeitraums von 2 Jahren mit der gesetzlichen Frist zulässig.Von dem Verzicht bleibt das Recht zur fristlosen Kündigung und zur außerordentlichen Kündigung mit gesetzlicher Frist unberührt.

 

My question is whether the potential buyer can bypass this waiver with some legal backdoor, or will I be able to stay at least until the end of those 2 years?

 

Thank you!

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2 minutes ago, fraufruit said:

Join your local Mietverein now if possible.

 

I've actually read about these a while back, and judging by the comments I've read, the local ones are over subscribed and it's hard to get an appointment and appointments are short and quite pointless.

 

I'm considering getting a legal insurance instead.

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Not sure an new legal insurance will cover an ongoing problem but I'm not a lawyer.

 

Have you actually tried contracting a Mietverein or are you going by comments you've read god knows where?

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1 minute ago, fraufruit said:

Have you actually tried contracting a Mietverein or are you going by comments you've read god knows where?

 

Not yet, I got this information today. Also I believe there is a period after joining a Mietverein during which you can not yet entitled to legal help. Anyway, I will try contacting them.

 

Still I would love if someone could answer my actual question.

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I am not a lawyer but I don't see a loophole for the new owner to give you notice right away.  When he buys the property, he automatically takes over the rental agreement.  Make sure you have it scanned in and print out a copy or two and keep the original safe.  If the new landlord didn't get the copy from the old landlord, you can give him a copy.

 

As your contract says, the landlord still reserves the right of außerordentliche kündigung with or without notice.  You can see here:  https://www.mietrecht.org/mietvertrag/mietvertrag-ausserordentliche-kuendigung/ under which circumstances that is allowed.  Eigenbedarf is not one of them.

 

I second joining the mieterverein.  Sure they might be too busy and not much help but at least some help and it's not expensive.  Legal insurance might help if you get it now because you don't have a problem yet.  However, my experience with legal insurance was that they always got out of paying citing some small print.  They could even tell you that they consider it an existing problem because you knew the house was being sold.  If they did, what can you do really?  Sue them?

 

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