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Rules for landlord showing apartment?

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My landlord knows I am moving because I had to ask her a question about if I needed my ex-husband’s signature on the Kündigungsfrist. I wanted to plan ahead because ex is in Australia. 

 

I have NOT given my Kündigungsfrist yet. At the moment I am waiting for an official start date and the paperwork is taking forever (federal job). It is either September 1st or October 1st and this still needs to be clarified. There is also a small chance that I may stay in Munich. She knows this. 

 

My landlord sent me a message yesterday (Wednesday) saying a family wanted to see the apartment on Sunday and which time is good for me. I didn’t say yes or no or give another time. I simply said that I do not have my work contract yet and I haven’t given my Kündigungsfrist yet. There is no reason for her to show the apartment yet. And it’s a Sunday. I am quite a flexible person, but my landlord has given me nothing but problems. Plus I’m busy cleaning and clearing stuff out and my apartment is messy. 

 

This led me to thinking about what are the rules for showing apartments. When I give her my Kündigungsfrist, can I mention I am available x, y, and z days? I am not interested in Sundays either. What are the rules for this? Do I have to allow her to show the apartment even if I have not given her my Kündigungsfrist? I’m in no rush to move out and I have accepted that I may have to pay double rent for one month because of logistics. She is making me feel very pressured. 

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If I interpret the law correctly, this is the deciding info.

 

https://www.mietrecht.de/wohnungsbesichtigung-vermieter-recht/#2-annehmbare-gründe-für-eine-wohnungsbesichtigung

 

Excerpt:”Besichtigungen durch Nachmieter muss der Mieter aber grundsätzlich nur dann hinnehmen, wenn das Ende des Mietverhältnisses mit hinreichender Sicherheit feststeht (AG Ibbenbühren, WM 1991, 360). Bei Neuvermietung muss die Kündigung also bereits ausgesprochen und gültig sein. Nur dann darf eine Wohnungsbesichtigung mit Vermieter und Co. durchgeführt werden (AG Freiburg (Breisgau), 24. 11. 1982 – 1 C 630/82).”

 

Translation with Deepl:

”However, the tenant must in principle only accept inspections by new tenants if the end of the tenancy is certain (AG Ibbenbühren, WM 1991, 360). In the case of a new tenancy, the notice of termination must therefore already have been given and be valid. Only then may an inspection of the flat be carried out with the landlord and co. (AG Freiburg (Breisgau), 24. 11. 1982 - 1 C 630/82).”

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If you are a member of the Mieterverein  ( Hopefully you are!),  check with them if you are feeling under pressure. They can support you and  clarify your rights.

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51 minutes ago, RedMidge said:

If you are a member of the Mieterverein  ( Hopefully you are!),  check with them if you are feeling under pressure. They can support you and  clarify your rights.

 

Yes, I am a member. It took a while but they got back to me after I wrote this. 

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10 hours ago, klingklang77 said:

Yes, I am a member. It took a while but they got back to me after I wrote this. 

And what did they say? 

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15 minutes ago, pappnase said:

And what did they say? 

 

That I do not have to show the apartment if I haven’t given my Kündigungsfrist. She never answered my reply, so I assume that she took my answer as a ‘no’. Let’s hope she doesn’t just show up on Sunday. She has been known to just show up. 

 

I also asked the Mieterverein about her taking photos as I would prefer not to have photos of my stuff on the Internet if she decides to make a listing. They said I do not have to have photos taken since my personal stuff is in there. My reason is that my last landlord in Frankfurt tried to take my Kaution to buy new floors because he said the office chairs in one room caused damage. They didn’t and I had photos from when I moved in that showed the damage was there. I, of course, didn’t have to pay for new floors. 

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