Notice period to end tenancy

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I signed a new tenancy agreement to move to another flat end June 2022. I today gave my current landlord 30 days notice and he said to me that I got to give 3 months notice!!! Is this true? I googled it but can't find no definite answer. I am paying my current landlord 500 euros in cash every month and I dont get a receipt, the reason being that he doesnt want the tax authorities to know that he getting the said amount from me. Has he got the right to keep my deposit of 900 euros? Can he sue me for 3 x 500 = 1500 euros? My move to Germany is getting more complicated by the minute! Any advice would be appreciated.

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Normally the answer would be to read your tenancy agreement, assuming you have one.

On the other hand, you could almost certainly convince your landlord that you will be moving out at the end of June, and that if you do not receive your deposit back, you might just happen to mention things to the tax office... that should work!

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It does not matter if the agreement is verbal, by law it is 3 months notice unless your landlord agrees to end the contract earlier. Normally that happens when you find someone to replace you. 

 

2 hours ago, Yellowsnow said:

Has he got the right to keep my deposit of 900 euros?

Wrong question. Correct question: can you just stop paying and let the landlord keep the deposit. No!! The deposit is not a replacement for rent. Unless you agree so, but get this in writing that the landlord allows you to pay the remaining 2 months with your deposit.

 

You are obliged to pay the rent for 3 months since you gave the termination, and the landlord is obliged to return the deposit after you move out.

 

Quote

I am paying my current landlord 500 euros in cash every month and I dont get a receipt, the reason being that he doesnt want the tax authorities to know that he getting the said amount from me.

How do you know that, did he tell that to you, or this is just your speculation? Accepting cash by itself does not mean the landlord is not paying taxes. There can be various other reasons for that.

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2 hours ago, Yellowsnow said:

I signed a new tenancy agreement to move to another flat end June 2022. I today gave my current landlord 30 days notice and he said to me that I got to give 3 months notice!!! Is this true? I googled it but can't find no definite answer. I am paying my current landlord 500 euros in cash every month and I dont get a receipt, the reason being that he doesnt want the tax authorities to know that he getting the said amount from me. Has he got the right to keep my deposit of 900 euros? Can he sue me for 3 x 500 = 1500 euros? My move to Germany is getting more complicated by the minute! Any advice would be appreciated.

Well, there are 2 options.

 

Option 1:

You follow robinson100's advice and try to get out of the contract by threatening to shop him to the Finanzamt.

But from what you wrote before, he owns the whole house with multiple let flats, so I wouldn't be so sure that he really is evading tax.

And even if he had intended to evade the tax just for your little flat, starting from the time he asked for the rental in cash after your Wunderflats contract ran out, once you threaten him, you can be sure that he will take care to declare that income.

So threatening him with the Finanzamt may turn out to be an empty threat.

 

Option 2:

You live with the 3 months' notice (and maybe check whether the start of your next rental contract at the Genossenschaft can be pushed by 2 months, so that you don't have an overlap).

But then at least do this properly - verbally giving notice does not count.

You need to write a letter giving notice to 31. August 2022 and have a friend read this letter (he has to sign that he read the contents) and that frind then act as a Bote and throw it into his letterbox before 3rd working day of June, i.e. before June 3rd 2022: https://www.juraforum.de/lexikon/kuendigungsschreiben-wohnung-vorlage

 

Please also read this: 

 

3 hours ago, Yellowsnow said:

I signed a new tenancy agreement to move to another flat end June 2022. I today gave my current landlord 30 days notice and he said to me that I got to give 3 months notice!!! Is this true? I googled it but can't find no definite answer.

Yes, the "normal" notice period for an unlimited rental contract in Germany is 3 months, see §573c BGB: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2289

  • Section 573c
    Termination notice periods

    (1) Notice of termination is allowed at the latest on the third working day of a calendar month to the end of the second month thereafter. The notice period for the lessor is extended, by three months in each case, five and eight years after the lessee is permitted to use the residential space.

    (2) For residential space that is only leased for temporary use, a shorter notice period may be agreed.

    (3) For residential space under section 549 (2) no. 2, notice of termination is allowed at the latest on the fifteenth day of a month to the end of that month.

    (4) An agreement deviating from subsections (1) or (3) to the disadvantage of the lessee is ineffective.

 

And yes, once your time-limited rental contract ran out, it would have automatically turned into an unlimited rental contract, since you wanted to stay there and then really did continue living there after the end of the time-limited contract in December 2021, see here: https://www.anwalt.org/kuendigung/kuendigungsfrist-wohnung/#Gilt_die_gesetzliche_Kuendigungsfrist_bei_der_Miete_auf_Zeit

  • Ist der Befristungsgrund hingegen weggefallen, darf der Mieter eine Verlängerung des Mietvertrags auf unbestimmte Zeit verlangen. Dann gelten fortan die üblichen Kündigungsfristen gemäß Mietrecht.
  • If, on the other hand, the reason for the time limit has ceased to exist, the tenant may demand an extension of the tenancy agreement for an indefinite period. From then on, the usual periods of notice according to tenancy law apply.

And even if the "time-limited" Wunderflats contract would still be running, most don't fulfill the legal conditions of a correct time-limited contract, i.e. most time-limited contracts have in reality always been "normal", i.e unlimited contracts: 

  • https://www.datev-magazin.de/nachrichten-steuern-recht/recht/miete-von-wohnraum-vertrag-auf-zeit-nur-in-engen-grenzen-moeglich-74279
  • https://www.finanztip.de/mietvertrag/zeitmietvertrag/
  • taken from this lawyer website: https://www.brennecke-rechtsanwaelte.de/Vermieten-aber-wie-lange_88692

    A tenancy can only be limited in time if strict legal formalities are observed. According to this, the landlord is already obliged to inform the tenant of the reasons for the time limit when concluding the tenancy agreement. The reasons for a fixed term are standardised by law, so that a fixed term may only be granted for these reasons. Accordingly, fixed terms are permissible if

          - the landlord intends to use the rooms as a dwelling for himself, members of his family or members of his household

          - wants to remove the rooms in a permissible manner or change or repair them in such a substantial way that the measures would be considerably impeded by a continuation of the tenancy agreement

       - wishes to let the premises to a person obliged to provide services.

    Only if one of these grounds for a fixed term already exists when the tenancy agreement is concluded can a fixed term be granted. It is important that the landlord informs the tenant in writing of the reason for the time limit when concluding the contract, otherwise the tenancy is deemed to be concluded for an indefinite period.

    Translated with www.DeepL.com/Translator (free version)

 

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Thanks for all the responses. Ive got no tenancy agreement.... it was a verbal agreement, i pay him cash monthly 500euros, i get no receipt, he mentioned to me it was for tax reasons...me being gullible and seeing the good in people, I just went along with his drift. But now I've found a long term flat and I thought I'd do the polite thing and give him a months notice and thats where he said that i gotta give 3 months notice in Germany. I could go to the German tax authorities and mention this thing to them but the very last thing in my mind is to grass them because they have been super wonderful to me.But once again the fantastic @PandaMunich answered all of my concerns. Yes @robininson100 caught my eye immediately.  So, by the sounds of it I'm just going to have to write off another 900 euros or maybe 1500 from my dire financial situation. They have now asked me to stay and they will give me a written contract but why now all of a sudden when I'd asked them twice, a written contract is offered! I've already paid the Genossenschaft for the new flat deposit x 3 months.All of my family are German folks, Dresden born and bred, living in other countries but not once did they ever mention to me how complicated Germany is and how they get kicks out of ripping a normal person the man in the street. It's a shame really.

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3 hours ago, Yellowsnow said:

 Ive got no tenancy agreement... it was a verbal agreement, i pay him cash monthly 500euros, i get no receipt, he mentioned to me it was for tax reasons...me being gullible and seeing the good in people, I just went along with his drift. 

Gullible? Or you realized you would pay less and went along?

One thing I learned in the past 9 years is that being a smart ass or informal in Germany usually turns out bad.

 

3 hours ago, Yellowsnow said:

All of my family are German folks, Dresden born and bred, living in other countries but not once did they ever mention to me how complicated Germany is and how they get kicks out of ripping a normal person the man in the street. It's a shame really.

They didn't tell you because if you are German, you should know to stick with formality.

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Maybe you could solve or at least ease the problem by looking for a subtenant? Or even better, finding a successor your landlord would agree to.

 

6 hours ago, Yellowsnow said:

All of my family are German folks, Dresden born and bred, living in other countries but not once did they ever mention to me how complicated Germany is

To Germans, this is common knowledge and not complicated at all.

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On 5/28/2022, 12:13:39, Yellowsnow said:

All of my family are German folks, Dresden born and bred, living in other countries but not once did they ever mention to me how complicated Germany is and how they get kicks out of ripping a normal person the man in the street. It's a shame really.

Once you live in Germany for longer you will appreciate it. 3 months' notice is a small price for the tenant security, believe me. 

 

The landlord of my friend increased the rent by 1000 USD upon contract renewal (in Tel Aviv). He had to move... In Germany that would be illegal. 

 

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@Yellowsnow What kind of agreement do you have in writing regarding the deposit?

If you don't have any rental or deposit agreement, I don't think it is likely he will sue. But he also won't give you the deposit back unless he is a nice guy.

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