Gekündigt! We are getting kicked out of our beautiful rental home

48 posts in this topic

Hey guys, we have been living in a little village near Rosenheim since 2007. We lived in an apartment until 2018, then we found a wonderful house to rent until now. The owner just told us last week that his son wants to move in. It was quite a shock for us, because it is a very rich family with lots of property, and they work in Munich. So we didn't think they'd ever move back here to a little Kaff.

 

Now we have 3 months to find something, and there's pretty much nothing available to buy or rent with 3 bedrooms. 

 

I made a video about it. In fact, I have decided to start a YouTube series about life in Germany as an American.

 

I tried to make the video a little humorous. Check it out if you like: https://youtu.be/8VZ2ZPSoXJI

 

How many of you have dealt with this, and did the landlord give you more than 3 months? The last time we looked, it took us years to find this home. With 20-50 applicants, and a lot of crap apartments on the market, it just took so damn long. Hopefully we can find something quick this time!

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15 minutes ago, slammer said:

Yes, I have been to that website. What do you mean I should also do it by the book? We are already looking for a new place. We have asked all of our friends and acquaintances, but in a market with such a housing lack, there hasn't been anything yet. We of course will keep actively looking, and be able to prove that we are looking.

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27 minutes ago, dmbartender said:

Yes, I have been to that website. What do you mean I should also do it by the book? We are already looking for a new place. We have asked all of our friends and acquaintances, but in a market with such a housing lack, there hasn't been anything yet. We of course will keep actively looking, and be able to prove that we are looking.

I guess what @slammer is trying to tell you is: you have a chance to fight this - if you want to stay in that house. 

 

First step would be to get a lawyer specializing in this kind of cases. Since you mentioned your landlord owns "lots of properties", have they offered you one of those other properties for rent? Have they offered to pay for your moving expenses? Does their son work in Munich too? Is any other of their properties closer to Munich? 

 

Removing a tenant based on "Eigenbedarf" is very hard for a landlord - it's really worth a try to fight this in court.

 

Good luck! 

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but wouldnt a lawyer cost quite a bit of usefull cash?

 

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From my indirect experience it really isn’t that hard for a landlord to remove a tenant unless something provable dodgy is going on with his claim of Eigenbedarf. Of the four or five cases I personally know, and that includes a family with two small children and medium income in Munich, and a one child family with two good incomes. The all had to leave after at most some extra months (the family with two children) and a small payout. It was a big drama for them at the time too, and they had legal insurance. Another case was my next door neighbors, they raised their children at the house they had to abandon in their sixties, a couple years ago. They really, really didn’t want to go.


So, it’s worth it to lawyer up and get some extra time and potentially a payout, but on the other side of this is a rich family with the experience and connections to get things done. It’s practically  sure that  they’ll get a lawyer too. Starting to look for a new place now as if you really mean it is the smart thing to do. Any advice  that you can fight this away is problematic and best ignored, since you’re not a 80 years old German widow that has raised your children in that home and has peanuts for a pension, in which case yeah, chances would be good.

 

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1 hour ago, karin_brenig said:

I guess what @slammer is trying to tell you is: you have a chance to fight this - if you want to stay in that house. 

 

First step would be to get a lawyer specializing in this kind of cases. Since you mentioned your landlord owns "lots of properties", have they offered you one of those other properties for rent? Have they offered to pay for your moving expenses? Does their son work in Munich too? Is any other of their properties closer to Munich? 

 

Removing a tenant based on "Eigenbedarf" is very hard for a landlord - it's really worth a try to fight this in court.

 

Good luck! 

 

The court will take the side of the landlord (more than likely) and if the tenant loses the fight for "Eigenbedarf", the tenant will have to pay all the landlords costs.

 

 

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21 minutes ago, mtbiking said:

From my indirect experience it really isn’t that hard for a landlord to remove a tenant unless something provable dodgy is going on with his claim of Eigenbedarf. Of the four or five cases I personally know, and that includes a family with two small children and medium income in Munich, and a one child family with two good incomes. The all had to leave after at most some extra months (the family with two children) and a small payout. It was a big drama for them at the time too, and they had legal insurance. Another case was my next door neighbors, they raised their children at the house they had to abandon in their sixties, a couple years ago. They really, really didn’t want to go.


So, it’s worth it to lawyer up and get some extra time and potentially a payout, but on the other side of this is a rich family with the experience and connections to get things done. It’s practically  sure that  they’ll get a lawyer too. Starting to look for a new place now as if you really mean it is the smart thing to do. Any advice  that you can fight this away is problematic and best ignored, since you’re not a 80 years old German widow that has raised your children in that home and has peanuts for a pension, in which case yeah, chances would be good.

 

Thanks mtbiking! I do not think the chances are good that we can stay -- I have a good income, and we have only been here 3.5 years. Plus, who would want to stay after fighting in court with the owner? I wouldn't want that drama. Plus, it IS his house, not mine. So, we are looking hard. But it may still be a good idea to get a lawyer, if that means we might get a payout. I wonder what that might entail...? Moving expenses?

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22 minutes ago, dmbartender said:

Thanks mtbiking! I do not think the chances are good that we can stay -- I have a good income, and we have only been here 3.5 years. Plus, who would want to stay after fighting in court with the owner? I wouldn't want that drama. Plus, it IS his house, not mine. So, we are looking hard. But it may still be a good idea to get a lawyer, if that means we might get a payout. I wonder what that might entail...? Moving expenses?

 

A more reasonable timeframe than 3 months to look for a new place and a small financial carrot like moving expenses and Makler, I'd expect. That's what my friends got. In your place I'd consult a professional. You have a small child (nice video!) and it's not straightforward with the current real estate market and Corona to rent or buy a new house, so gaining more time would matter to me personally more than a payout - like you I have enough resources not to be overly concerned about money - extra time is what I always need.

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3 hours ago, dmbartender said:

How many of you have dealt with this, and did the landlord give you more than 3 months? The last time we looked, it took us years to find this home. With 20-50 applicants, and a lot of crap apartments on the market, it just took so damn long. Hopefully we can find something quick this time!

This is the price of living close to the Alps. Either you are rich, or you have a house inherited, or you will always struggle for a place to live. 

 

You can try to find something better, but moving a bit to the north (direction Niederbayern/Oberpfalz) will save your life from such a hassle. 

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31 minutes ago, knotheadusc said:

Nice video!  

 

31 minutes ago, knotheadusc said:

Nice video!  

Thank you! Thanks also for your sub! :)

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Talk to a lawyer or mieterverein and ask them what to do.  I would think that you either accept the notice but ask for more time or you try to fight the notice based on their reasons being bogus as they have a lot of properties for their son to live in and they would have to prove why it must be this one.  You can definitely get more time.  It's not like after 3 months, they can just show up and change the locks.  If you claim that you have not found another property and you are looking high and low, the best they can do is take you to court.  How long that takes depends on how busy the courts are.  For example where I live it takes at least 3-6 months to get an eviction notice even when the tenants don't defend themselves.  If they do, simply by saying, hey, I'm trying, it can easily take a year.  If they get an eviction notice eventually, you are still given 3-4 weeks to pack up and leave.  What I can't tell you though is if they can sue you for their legal costs.  Which is why  you should be talking to a lawyer.  The family could decide to spare themselves the court and time and offer you a compensation for moving instead.

 

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11 hours ago, dmbartender said:

Yes, I have been to that website. What do you mean I should also do it by the book? We are already looking for a new place. We have asked all of our friends and acquaintances, but in a market with such a housing lack, there hasn't been anything yet. We of course will keep actively looking, and be able to prove that we are looking.

I mean, don´t just roll over and show your neck, there are ways to fight this, or at least draw it out for quite a while, quite a long while in fact.

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I think I would ask the Landlord to assist with the search...  

 

Lets face it, if you try and hang on in there, he could become a propper twat...   

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(sorry this will be long) As someone currently going through the same thing, I sympathise.

 

Here's what I've learned. LeonG and mtbiking are right. Eigenbedarf is apparently the easiest way to get rid of tenants as, provided the landlord does everything properly, the court tends to side with the landlord. However, you can drag it out to buy you more time. Ideally you would join your local mieterverein as they can not only advise you but potentially cover costs if your landlord files a Räumungsklage and you lose. I don't know if they would in your current case if you joined after the case started but it's worth asking. Also you need to challenge the Eigenbedarf notice in writing by a certain time if you dont think you'll be able to move out on time (one reason being failure to find a replacement home but the lawyer can help with this). In our case we had 6 months notice & had to challenge it 3 months before it was up, so I suspect in your case it might be a month before your deadline but you should check.

 

There are rules about the kind of home you can be expected to move into, eg. you're not obligated to move somewhere that would constitute a deterioration in your living standards or if you'd have to move again in the very near future. And as LeonG said, if the landlord has multiple properties he needs to prove why this one or why he can't offer you one of his other properties. You're not completely without rights. If you suspect it's all a ruse to raise the rent then your lawyer could drag it out longer.

 

Let's say you don't move out by 3 months. The landlord would file a Räumungsklage (eviction suit). A lawyer could buy you some time but you at least need to prove you've tried searching and have been unsuccessful. This means you need to actively search & keep a record of your search. You need to try multiple sources (eg. immoscout, ebay kleinanzeigen, newspaper, wohnungsgenossenschaft) and look for places in different areas. Then a lawyer should be able to get you Räumungsschutz, ie. some extra months. 

 

Eventually though you'll have to leave. In the worst case scenario you could have 2 weeks to leave, but that'd only be either after your lawyer has dragged it out already or failed to get you Räumungsschutz (ours told us that he'll only be able to get us Räumungsschutz if we have been actively trying so what you can't do is sit on your ass).

 

To give you some insight, I'll tell you about my own case. We were given notice last june to leave by end of december. I was 5 months pregnant. We searched for 3 months but got nothing, then I had to stop as I was having pregnancy related health problems. We challenged the eviction in october then I had my baby at the end of that month. We cited as our reason the birth of our baby constituted a hardship, plus failure to find another home. I was quite ill for several months after the birth so couldn't even think about moving, but our arsehole landlord harrassed us with letters asking for a copy of the birth certificate and stuff. Our lawyer informed him I wasnt well but on 31st December he immediately filed a suit to evict us anyway. 

 

We had to respond within 2 weeks that we intended to fight it. Then we had 2 more weeks to send our arguments. Now there is a hearing in July so the landlord can respond to our arguments. So you can see how time goes on. The difference in our case is that we think he just wants us out so he can raise the rent. He bought our flat (with us already living here) a few years ago and immediately tried and failed to raise the rent. 

 

We are trying very hard to find a new place but it's next to impossible. I've responded to nearly 100 ads, you don't even get replies to most. We've seen some real shitholes too. I earn pretty good money & have a good credit score and so far we've been unable to get somewhere. It's so depressing. Our landlord is evicting us, with a newborn and in the middle of a pandemic, so that his 21 year old brother, who is a student and currently lives with their parents, can, and I quote, 'stand on his own two feet'. This is not standing on his own two feet. He should find his own student flat or WG like most people who come of age. I'm filled with rage. My pregnancy and parental leave has been nothing but worry and stress and schlepping from viewing to viewing with nothing but rejections.

 

But I digress. I'm sorry this happened to you and wish you lots of luck in the search. 

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Sorry I forgot to mention our landlord did offer us some money but it was 500 euros, which is laughable, and it was contingent on us signing a Mietaufhebungsvertrag, which basically waives all your rights as a tenant. Do not sign one of these!!! I know someone whose landlord offered them 9 grand to move, I would've accepted that.

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