Limited term rental legal conflict - what are my chances?

[AlexWoodblock 0]

Good morning!

 

In Winter 2019, me and my partner signed a rental contract for an apartment. As we just came to Germany, we weren't in position of choosing and we needed something fast, so when current furnished apartment came up, we immediately agreed to sign for it. The landlord was Company A.

 

The contract had a clause for limited term for 1 year, but we didn't think anything of it at the time - in fact, in Israel, where I came from, limited term contracts are the norm and are just being renewed every year. So I thought it's the same here.

 

I've also personally checked with our manager at Company A, and he told that he will have no problem renewing with us if we cause no trouble (rent on time and no complaints for us), then he'll have no problems renewing our contract.

 

Some time pass, we ask for renewal, and we get it. Some time later, Hausverwaltung company changed to Company B, and new company for some reason went absolutely nuts when asking for renewal - they refused, and then accused us of breaching the contract and told us they'd kick us immediately, but on their "goodwill" we can stay until the end of our extension.

 

We then ran the contract by a lawyer, and he told us that there's a claim in the contract that it is WE who asked for limited term.

He asked if we did it, which, of course, we didn't, and then he replied that thus Section 549 (2), 1 does not apply since temporary use reason was only fictitious, and consequently, Section 575 applies, which lists only three acceptable reasons for limited rental contract - none of which were in our contract.

 

The company then replied that we still should move out since "they have documents which prove that the clause was adapted to our circumstances, thus it's not fictitious", thus the apartment is a temporary housing according to Section 549 (2), 1. We ran their response by our lawyer again, and he responded that it changes nothing, and if I haven't requested the rental to be temporary, the claim is still fictitious.

 

Yet our circumstances were not that we needed temporary apartment - we only had a need for any apartment as soon as possible.

We also both had intention to stay here long-term:

- I had BlauCard visa at the time of signing (which was pending for exchange to residence permit)

- I also had unlimited work contract and had already started working for the company

- I also had applied for exchange of my foreign driver license to German one (if I had intended to stay for only one year, I could've just ask for extension of my foreign one for one year)

- My partner had a student visa (which she hadn't exchanged yet because Termin at Auslanderbehörde was a bit later)

 

So in my opinion, these documents already prove we were intending to stay here for quite some time - I don't know what they have that can prove we needed a temporary one, since they at most have only the things I've listed. I suspect they're bluffing and are trying to scare us into leaving, since they also mentioned risk of us owing them legal fees in case they need to evict us.

 

What are we chances we lose in court against their argumentation and will get evicted?

[LeonG 13,595]

I think the risk is very low. In Germany you need solid reasons as a landlord to make fixed term contracts. Reasons like for example you are planning to move in yourself at the end of the term. These reasons are simply not there in your case.

 

Further as per their threat to kick you out immediately because you asked for a renewal, there is no way they have that right.  You should continue with the lawyer but as far as I know you can just continue staying and paying and let them try to kick you out.