Apartment is priced at nearly double the legal price

30 posts in this topic

4 hours ago, Brexitania said:

Yes. I'm new here and made a mistake.

No time limit.

 

So the lease is open ended?  There must be language about who and under what circumstances it can be ended by you or the landlord.

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4 hours ago, fraufruit said:

If you do a search here for "mietspiegel", you will find a lot of other info in English. As lisa13 said, this has been discussed many, many times.

And while you´re at it google "Mietwucher" as well.

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8 minutes ago, catjones said:

 

So the lease is open ended?  There must be language about who and under what circumstances it can be ended by you or the landlord.

Says who? If it´s not in the lease the law applies. Usually a landlord can´t terminate a lease as long as you fulfill your obligations. There are exemptions though.

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18 minutes ago, catjones said:

 

So the lease is open ended?  There must be language about who and under what circumstances it can be ended by you or the landlord.

 

a landlord can't wiggle out of basic rental contract laws, including and especially regarding their right to terminate the contract, just by adding contrary language to the lease.  If the contract is of limited term, there is a set end date.  And there has to be a valid reason for the contract to be of limited term (eg LL will need to move in, wants to do major renovations, etc)

 

7 minutes ago, jeba said:

Says who? If it´s not in the lease the law applies. Usually a landlord can´t terminate a lease as long as you fulfill your obligations. There are exemptions though.

 

such as?

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23 minutes ago, lisa13 said:

such as?

 

E. g. Eigenbedarf, term lease, furnished apartement

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31 minutes ago, jeba said:

E. g. Eigenbedarf, term lease, furnished apartement

 

furnished apartment doesn't give the landlord the freedom to evict at will.   this is a misconception along with the idea that there is no effective rent control on furnished apartments.

 

term lease has a set end point.  That's not eviction and furthermore needs to have a valid reason for it to be wirksam.  If that valid reason isn't given, the contract is automatically unbefristet.

 

eigenbedarf is the only way.  and it has to be valid.

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Yes I do really like the apartment.

Moreover, I really don't want to face the searching and moving process again...it was so painful.

It is not a furnished apartment.

The contract is a 'normal' open ended type - I had it checked at the time and it didn't appear to contain anything unusual or unexpected.

As it is owned by a large company, I would really hope the 'eigenbedarf' should not be relevant, according to the link posted earlier by LeonG.

 

Thankyou all.

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21 hours ago, lisa13 said:

 

I will just call you an ignoramus for not knowing that rent control is a thing at the national level in Germany

 

here is a non-commercial brief description of laws that specifically apply to excessive rental pricing:  https://www.promietrecht.de/Miete/Mietgrenzen/Mietspiegel/Mietspiegel-Miethoehe-fuer-neuen-Mietvertrag-bei-Neuvermietung-E1663.htm

 

 

Well there we are then, an explanation of why FrauFruit, etc. thought the OP's landlord might have done something wrong.  Thanks for spoon feeding me, Lisa.  As a non-renting capitalist I didn't know about it.  But I'm not enough of a capitalist to be a landlord, so I also didn't know about it from that side.  Now I see again, socialismus siegt in yet another aspect of the BRD.  

 

Now I'll go back to counting up my 19% UmSt.  (thanks Angela, 16% just wasn't enough...)

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15 hours ago, Brexitania said:

Yes I do really like the apartment.

Moreover, I really don't want to face the searching and moving process again...it was so painful.

It is not a furnished apartment.

The contract is a 'normal' open ended type - I had it checked at the time and it didn't appear to contain anything unusual or unexpected.

As it is owned by a large company, I would really hope the 'eigenbedarf' should not be relevant, according to the link posted earlier by LeonG.

 

Thankyou all.

 

Join your local Mieterverein. They are looking for such examples and can help you. 

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