Will landlord sue me? - Oral rental contract consider as formal contract

6 posts in this topic

Hello everyone, 

 

Recently I have experienced a really bad situation, and just want to share this with us, and hope you can help me to think about it, what's the best way to proceed. 

 

So the background is I was looking for an apartment to stay in for 5 months in Munich. I contacted a lady (she is not the owner of the apartment, she is the renter) and checked the apartment on April 7th. I told her that on WhatsApp call that I like the apartment, would like to take it please send me the contract. She sends me the draft contract and I found some mistakes, so I asked her to change that, plus the rental date wasn't defined in the contract, the reason is the need to talk to the current talent to figure out the exact date. Then I asked her 2 times to please send me the contract, she still didn't send it in a week. So on April 14th, I cannot wait - because I cannot depend on sth oral and I have no idea whether she will send it to me or not. I visited another apartment and I immediately like it, so I signed the contract with the new apartment. 

 

On Saturday I communicated with the first apartment lady that I am sorry I will give up the apartment, but she told me no, that we have a strong commitment on the oral contract, the price, kaution and rental period were discussed, so it is a contract between us. For her, it is a contract. I looked back at all our WhatsApp messages and emails, there are no sentences written like - I will take it, but indeed I said the price is fine and I agreed with the moving date. She told me we need to find a new talent so I can get out of our contract. I feel really bad and we still have 2 weeks until May, so now I am also trying to find someone for this apartment. I have no idea if this will possibly help me in the future if we are going to court or not.

 

From my perspective, I partly understand her situation, but I was also in this uncertainty for a long time. I cannot depend on sth not signed, so that's why I went for another apartment. At the moment, she hasn't said she will sue me or so, and what will be the possible action for next? And how shall I deal with this for the next few days? To be honest, I can only accept to give an addition of half month, and paying the whole 5 months is not fair, I haven't even sign anything...Btw, in 5 months I will move out of Germany, I just don't want myself to run into any trouble. 

 

Do you have any advice from here? 

 

Thank you very much, 

 

 

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you have absolutely nothing to worry about. 

 

"Lady" #1 is a tenant, looking for a sub-tenant/room-mate. She made you an offer, which you discussed for a while, but never committed to it. Whatsapp or whatever text messages were exchanged - that is not a valid legal contract. If the woman keeps harrassing/contacting you, simply block her, ignore her, move on. She has no legal grounds to stand on, if you didn't sign anything. "Oral contract" doesn't count in the case of rental apartments. 

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6 minutes ago, karin_brenig said:

you have absolutely nothing to worry about. 

 

"Lady" #1 is a tenant, looking for a sub-tenant/room-mate. She made you an offer, which you discussed for a while, but never committed to it. Whatsapp or whatever text messages were exchanged - that is not a valid legal contract. If the woman keeps harrassing/contacting you, simply block her, ignore her, move on. She has no legal grounds to stand on, if you didn't sign anything. "Oral contract" doesn't count in the case of rental apartments. 

And as ever, you do not have a single fucking clue!

Oral contracts DO very much count in the case of rental agreements! OP, you may just want to get some legal advice to ensure you won't be left holding the rent.

 

https://www.advocado.de/ratgeber/mietrecht/mietvertrag/muendlicher-mietvertrag.html

 

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I'd check with a lawyer but if you did not state any intent to take the apartment and your last message was 'please send me the contract' then I think (not  lawyer) you should be ok.

You haven't singed anything but I would expect this to hang on how the the following seen legally;

 

38 minutes ago, jingjingK said:

I contacted a lady (she is not the owner of the apartment, she is the renter).

 

I told her that on WhatsApp call that I like the apartment, would like to take it please send me the contract. She sends me the draft contract and I found some mistakes, so I asked her to change that, plus the rental date wasn't defined in the contract, the reason is the need to talk to the current talent to figure out the exact date. Then I asked her 2 times to please send me the contract, she still didn't send it in a week. So on April 14th, I cannot wait - because I cannot depend on sth oral and I have no idea whether she will send it to me or not. I visited another apartment and I immediately like it, so I signed the contract with the new apartment. 

 

 

 

 

1). Can she as a person renting the apartment act as an agent to organize this. I would have expected any contract to have to be signed by the owner of the property.

2). If your exchange constitutes the closing of a an oral contract. Especially if you saying you want to take the contract and asking for a written contact counts as accepting the apartment or not.

 

Having said that, doesn't the general 2 weeks cancelling phase clause also count in these circumstances? 

 

If you are worried, check with a lawyer, but I'd expect that the woman is not legally allowed to act in this capacity. She may not be able to sublet the apartment, although she could also be looking for someone to take over her contract. She may or may not have the permission of the owner for that.

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1 hour ago, camlough said:

And as ever, you do not have a single fucking clue!

Oral contracts DO very much count in the case of rental agreements! OP, you may just want to get some legal advice to ensure you won't be left holding the rent.

...and as most cases, I'm in awe at your profound wisdom and choice of words...

 

the devil is in the detail of this "oral contract". Were any witnesses present ? OP asked for a written contract, received a draft, and wanted changes made to that before signing. That to me (and probably a potential judge) would mean, that OP wasn't agreeing to any contract yet, but expressed interest in the apartment - if the contract was amended.

 

further reading for those interested: 

https://www.movinga.com/de/de/hub/muendlicher-mietvertrag/#:~:text=Ist%20ein%20mündlicher%20Mietvertrag%20gültig,vor%20Gericht%20bestand%20zu%20haben.

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3 hours ago, karin_brenig said:

"Oral contract" doesn't count in the case of rental apartments. 

I doubt that this is correct. The problem is to prove that there was an oral contract. And if there hasn´t even been an agreement as to when it should start I´d say there was none.

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