Landlady not replying to termination

42 posts in this topic

Hi,

 

My flat mate is leaving for his home country and he sent a notice of termination by email to the owner of the flat. She didn't reply for quite sometime so we both at different times tried to contact heron phone and left whatsapp messages. We were getting worried that if she's all right or not and was almost at the verge of contacting the cops to check on her, she replied on whatsapp. She asked my flat mate on what will be the last date and said okay she will send the confirmation shortly.

 

It's almost 10 days now and she again stop replying to email/whatsapp/calls. What are our options now? It's been a month after he sent the first notice via email. Also, I should mention that she signed the combined contract with both of us. My assumption is that I don't have to give her a separate notice, am I right?

 

What can we do now? I'm specially worried because I'm staying in Germany and will have to look for a new flat/room. I'm not going to stay in the same apartment as it's quite big and expensive for just me. What if she doesn't reply at all knowing that she already has my kaution? Or I'm just worrying too much about it?

 

P.S. I should also mention that the land lady is generally very nice and always responded to our queries/concerns promptly. I just don't know what happened. Recent whatsapp message isn't even delivered to her.

 

Thanks.

0

Share this post


Link to post
Share on other sites

It sounds like she has other things going on in her life at the moment. You need to send her a registered letter - and this really should have been done from the outset. Emails may be considered invalid, even if terms are friendly. 

What if the landlady falls so ill that she can't manage her affairs and someone else takes over the running of the setup? The email will be useless - and anyone dealing with the situation will wait for a registered letter from you. Until then it is as if they have no knowledge of your 'intention' of leaving and you are legally obliged to pay rent. ;)

0

Share this post


Link to post
Share on other sites

Indeed 

10 hours ago, snowingagain said:

Send a registered letter.  Per einschreiben.  

 however, it it not unheard of that landlords respond or don't respond at all and could say the envelope is empty so best to use this option and if at all possible to go to the letterbox personally with a friend/witness not related to you and put the letter into the landlord's letterbox and prior to putting the letter in put "per Bote" with both you and other person putting a mark with initials/signature and date on the actual letter. This makes 100% sure your notice is delivered. This is more challenging if you are far away. Emails and Whatapp are not recommendable when it comes to formal communication with landlords...

 

2

Share this post


Link to post
Share on other sites

You can send a postcard as an Einschreiben

 

Not the kind with a picture; the front side is blank and you can write your Kündigung there

2

Share this post


Link to post
Share on other sites

Yes, it has been - creatively - claimed that the envelope was empty before now...

0

Share this post


Link to post
Share on other sites
1 hour ago, optimista said:

Yes, it has been - creatively - claimed that the envelope was empty before now...

Another one, although not so creative, is people receiving a registered envelope addressed to them, but inside was a letter to someone else. I know of a case which went to court because of it and the judge ruled in favour of the recipient of the erroneous contents as the letter was dated the same day and sent from the same office. Clearly an admin mix-up in the sending out of the letters, but in no way the recipient's fault or problem, The recipient simply could not be expected to know why they had received this letter or what the correct letter would have been about. 

The contents as well as the envelope have to be correct and tally. ;) 

0

Share this post


Link to post
Share on other sites

Thanks everyone for the responses.

 

I'll send a registered letter as soon as possible. Regarding having a witness and personal delivery, I think that might not be possible due to COVID times and because the landlady doesn't live close by. Getting a neutral person who's not related to me is impossible. I'm wondering can I involve cops? I'm not talking about any legal proceedings or complainst but just to check on her if she's all right? It's definitely not typical of her to not reply.

 

Another question is will my 3 month period start from Aug or Sep as suggested earlier since I haven't yet delivered an official notice and it's already 4th?  What's the worse that can happen to me provided that the notice period starts from Sep and my flat mate would have left regardless. Would I also have to bear his burden or responsible for his actions? There are no sublet etc. we both pay directly. Would I still be able to/should stay and pay my dues only? I'm specifically asking because I don't want to end up in a situation where there's no response and I start a new contract someplace else but then I have to stay longer at my present address.

0

Share this post


Link to post
Share on other sites
15 minutes ago, zhaider said:

Another question is will my 3 month period start from Aug or Sep as suggested earlier since I haven't yet delivered an official notice and it's already 4th?  What's the worse that can happen to me provided that the notice period starts from Sep and my flat mate would have left regardless. Would I also have to bear his burden or responsible for his actions? There are no sublet etc. we both pay directly. Would I still be able to/should stay and pay my dues only? I'm specifically asking because I don't want to end up in a situation where there's no response and I start a new contract someplace else but then I have to stay longer at my present address.

The notice period will not start until the letter has been sent/delivered. If you're both on the contract, you're surely both liable to pay the rent until the very end. Simply leaving like your flatmate is doing doesn't legally get him out of anything. It might be difficult for the landlady to get the money for the rent from your flatmate if he is no longer in the country, - but this doesn't make it right - nor does it seem fair on you to be honest. 

Have you discussed this between yourselves? He needs to give you his half of the rent for all of the remaining months. It is just as much his responsibility as yours to ensure the landlady is legally notified of the termination. 

Regarding the landlady - you have the option of contacting her relations or neighbours if you are worried. This would be a step to consider before involving the authorities. There may well be some perfectly ordinary explanation.

0

Share this post


Link to post
Share on other sites

When does your contract actually end? Are you leaving earlier than the end of contract  date?

Mieterverein is a great resource for tenants.

0

Share this post


Link to post
Share on other sites
19 hours ago, lunaCH said:

The notice period will not start until the letter has been sent/delivered. If you're both on the contract, you're surely both liable to pay the rent until the very end. Simply leaving like your flatmate is doing doesn't legally get him out of anything. It might be difficult for the landlady to get the money for the rent from your flatmate if he is no longer in the country, - but this doesn't make it right - nor does it seem fair on you to be honest. 

Have you discussed this between yourselves? He needs to give you his half of the rent for all of the remaining months. It is just as much his responsibility as yours to ensure the landlady is legally notified of the termination. 

Regarding the landlady - you have the option of contacting her relations or neighbours if you are worried. This would be a step to consider before involving the authorities. There may well be some perfectly ordinary explanation.


Yeah, I already talked to him, he also likes to get this done but the problem is he will be leaving regardless of what happens and I get a feeling that because of this he's not taking it as seriously as I'm. That's why I'm asking what will my options be? Obviously I can't force him to do anything, nor would I like to be responsible for someone else's actions.

As for contacting the land lady, we don't know anyone else apart from her but we both did get in touch with another of his tenant whose apartment is adjacent to us. He just told us that he doesn't know anything about her either and he didn't even try to get in touch because there was no need.

Just one thing, she did reply once on whatsapp about the leaving date and said 'okay' in response to that. There weren't any follow ups though. Could that go in our favor?

 

17 hours ago, RedMidge said:

When does your contract actually end? Are you leaving earlier than the end of contract  date?

Mieterverein is a great resource for tenants.

 

Our contract is unlimited.

1

Share this post


Link to post
Share on other sites

What about trying to find her relatives or neighbours? 

 

Also, is your housemate going to continue paying until the end of the contract or leave the money for all of the remaining months with you?! Not sure how things work if you're both on the contract liability wise. You should only be liable for half the rent in theory, but legally speaking I don't know.

0

Share this post


Link to post
Share on other sites
7 minutes ago, lunaCH said:

What about trying to find her relatives or neighbours? 

 

Also, is your housemate going to continue paying until the end of the contract or leave the money for all of the remaining months with you?! Not sure how things work if you're both on the contract liability wise. You should only be liable for half the rent in theory, but legally speaking I don't know.

 

He's saying that he will continue to pay until the contract end but like I said he will be leaving in two months regardless. I'm also worried what in the worst case he doesn't even pay the rent and try to cover with the deposit/kaution. I mean stakes are much higher for me and than for him in any case.

 

As for finding the relatives/neighbours. She doesn't live anywhere close by and we just have her address from the contract.

1

Share this post


Link to post
Share on other sites
3 hours ago, zhaider said:

I'm also worried what in the worst case he doesn't even pay the rent and try to cover with the deposit/kaution. I mean stakes are much higher for me and than for him in any case.

Why? Isn't half the caution your flatmate's money?

3 hours ago, zhaider said:

As for finding the relatives/neighbours. She doesn't live anywhere close by and we just have her address from the contract.

I don't know. If you are really worried, you can call the town hall where she resides, or the Police. You can search online for relatives via social media, the phone book etc.

0

Share this post


Link to post
Share on other sites
On 8/4/2020, 6:46:03, lunaCH said:

It sounds like she has other things going on in her life at the moment. You need to send her a registered letter - and this really should have been done from the outset. Emails may be considered invalid, even if terms are friendly. 

 

not only that but it can wind up in the spam filter and a massive delete and it disappears

1

Share this post


Link to post
Share on other sites
On 8/12/2020, 4:44:18, lunaCH said:

Any news on this? :unsure:

Hi,

 

Thanks for following up and asking. Sorry, I didn't reply earlier because I was out of station. Anyway, before leaving I talked with cops but so far haven't heard from them yet. So, me and my flat mate actually personally delivered the termination notice to her address. Strangely another guy was living there saying she rented this flat to him and is no longer here and he couldn't get in contact with her as well.

 

Nevertheless, my flat mate received a whatsapp reply from her after a day or so saying that we will get the confirmation in a couple of days but the move out date will be 30.10.2020 because when you give notice it begins from the next month even though you sent it on 1st July. I'm not sure if that's true or valid. Nevertheless, we tried to reach her again on whatsapp but can't. The messages ares still not delivering to her.

1

Share this post


Link to post
Share on other sites
3 minutes ago, zhaider said:

Strangely another guy was living there saying she rented this flat to him and is no longer here and he couldn't get in contact with her as well.

 

we tried to reach her again on whatsapp but can't. The messages ares still not delivering to her.

It sounds like she could have been busy with a move and has limited internet access.

0

Share this post


Link to post
Share on other sites
4 minutes ago, lunaCH said:

It sounds like she could have been busy with a move and has limited internet access.

 

Could be but he says he's there for months and she used to visit this place every 15 days. What's actually baffling is my flat mate is saying when he asked him to call her from his no. the word 'Wifey' appeared on her phone. I mean I don't know and I don't care but still I don't know what to do next since we can't reach her again.

 

I need to look for a new place but I'm not sure how to proceed.

1

Share this post


Link to post
Share on other sites
39 minutes ago, zhaider said:

I need to look for a new place but I'm not sure how to proceed.

If you have now official confirmation of having given notice, you should be alright. I hope it works out for you.

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now