Dispute with landlord over rental contract termination

4 posts in this topic

Hi all,

 

I moved into an apartment in Bavaria last October. My rental contract has a clause saying that I cannot move out within the first 12 months, i.e. until the end of this September. I showed the contract to my local Mieterverein and they said that this clause is "most likely" invalid because for a fixed-term contract, the landlord needs to either give a specific reason for it or explicitly say that it goes both ways (the landlord cannot kick me out before October either). I recently looked for a new apartment to move into because my current landlord is an absolute nightmare (he's sent some pretty nasty emails in the past accusing me of random things, like parking in a spot he himself once told me I could use). The new apartment I found has an early move in date, but it was a nice place, so I signed it. At the end of May, I sent my move-out notice to my current landlord by Einschreiben, stating that I intend to move out on August 31. He sent me an email later saying that he got my notice, and that he would only waive my rent for September if he can find another tenant to move in on September 1.

 

What would happen if I insist on moving out by the end of August and don't pay rent in September, citing what the Mieterverein told me? Could the landlord deduct my rent from my Kaution or sue me over it? I do have legal insurance through the Mieterverein, but it would still be a pain.

 

Another complicating factor is that there are two landlords on my contract: one who owns the place and I pay rent to, and another who signed the lease and handles all communication with me. I only sent the notice to the guy who signed my contract, but the Mieterverein said this might give them some wiggle room to argue that I didn't address my notice to both of them.

 

Any insight or advice would be appreciated. And knowing this landlord, he'll probably try to screw me over with the Kaution regardless. Is it necessary to have a lawyer do the final walk-through with me?

 

Thanks!

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Have you been a member of the Mieterverein for longer than 3 months?  If so, their lawyer can advise you in this matter, send a letter to the landlord etc. They are your best resource.

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15 hours ago, RedMidge said:

Have you been a member of the Mieterverein for longer than 3 months?  If so, their lawyer can advise you in this matter, send a letter to the landlord etc. They are your best resource.

 

Slight correction to this: The Mieterverein will give you advice immediately, including helping you with correspondence, but if the matter goes to court, they cannot provide you with legal representation if you haven't been a member for more than 3 months. Their legal insurance cover is subject to the same 3-month cool-down period as all other legal insurance policies.

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16 hours ago, RedMidge said:

Have you been a member of the Mieterverein for longer than 3 months?  If so, their lawyer can advise you in this matter, send a letter to the landlord etc. They are your best resource.

Yes to both of you. I joined at the beginning of the year, so it's been more than 3 months. They agreed to write a letter to the landlord. We'll see how that goes. They only do consultations in German though, so some of the nuances they're telling me may be lost in translation.

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