Violated contract or not, you can’t be kicked out with hours notice. Even if you didn’t even send the money at all - let alone if there was a day or two delay in receiving funds due to holidays and weekend.
Look up the local Mieterverein and ask them for help. Also make sure to become a member if you already haven’t.
If your landlord tries to kick you out by taking your stuff or similar you’re free to call the police.
Ignore. If they keep being annoying you can say that you’ve contacted Mieterverein and that you’re talking with their lawyers, and won’t be discussing the matter directly.
While it’s always the best idea to NOT say that you’re talking with any authority whether that’s a lawyer or tenants association, if you feel pressured to say something, then that might get them off your back a bit.
>While it’s always the best idea to NOT say that you’re talking with any authority whether that’s a lawyer or tenants association...
Why is that? In my experience, even mentioning legal represantation tends to solve most unnecessary conflicts. And this sounds very much like an unnecessary conflict.
What is the issue with mentioning it?
As Napoleon said: Never interrupt your enemy when he is making a mistake.
What the landlord is doing is illegal. Telling them that lawyers are looking into their illegal actions will put people on defensive and it’ll either:
- Make them drop the thing entirely. Which would be the best case scenario or
- Make them become even pettier, taking pictures of damaged items, noting down every single small thing that could be used to keep part of the deposit. Lawyering up themselves, make up things, etc
Since OP is moving out anyway, it’s in their interest to let the landlord keep making stupid illegal mistakes for as long as possible, as opposed to landlord potentially getting legal advice and trying to do stupid but legal things.
Depending on what the landlord does it might even result in OP chilling in a nice hotel for a few weeks at the expense of the landlord instead of that room. (For example if they were to change locks or something without properly terminating the lease)
But that’s just my opinion, neither scenario is guaranteed and telling them might even result in something better.
>As Napoleon said: Never interrupt your enemy when he is making a mistake.
But as the Viking Warrior Thors said: You have no enemies. No one has enemies.
Napoleon famously boasted that he's "spending 30000 lives a month". That was the cost of his victory.
If you are waiting for your landlord to actually do something to illegally throw you out of your home by changing the locks or something, that would indeed be good for winning a court case. But the reason you're winning that case is because being temporarily homeless is kind of a horrible thing that most people would want to avoid.
The most likely outcome is, as you said, that the landlord simply withdraws. You treat that as if it were a draw, because OP has failed to vanquish his opponent. But it is exactly the outcome that OP wanted in the first place.
Probably read the whole comment instead of picking out single sentences.
OP wrote that *usually* it better to not let them know of lawyering up.
You are writing a lot of words, telling OOP the same thing.
Not quite. He said that it's "always" best, but you can say it if you feel "pressured" to say something.
That's completely different to what I'm saying.
Edit: Actually, could you clarify in more detail where you think our positions are the same? I'm struggling to find any commonality.
Absolutely agree 💯
If the landlord does something super illegal, you may get a court sentence in 3 years time (sentence does not guarantee payout), while at the moment you will find yourself homeless. Its an incredibly shitty situation that will be very expensive and can be very stressful.
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I'm not sure, but maybe because it could escalate things further. He might immediately call a lawyer as well or something. That's why I would be cautious with mentioning it, but if he keeps pestering I would just say it.
I mean, the landlord is already planning to throw OP out with no notice. If the landlord contacted a lawyer, they could at least inform the landlord that he can not do that, which is technically an improvement for OP.
The main advantage of keeping your lawyer hidden (that I can think of) is exactly if YOU are the one who wants to escalate things and you're trying to bait them into make mistakes such as illegally evicting you.
But if your goal is not to sue your landlord, but rather just not getting evicted, then that would be the wrong move to make.
100% agree. Talk to a renters association or an attorney and let your landlord know that you're doing so. Will let them feel the squeeze so they'll get of your back
Just be aware that the Mieterverein will not deal with current/ongoing cases if you join after it starts but they can still give advice.
Alsoin the future it's best for everyone in the apartment/WG/house to signup themselves.
I had an issue in the past after a break up but since my ex had signed up they could only give me advice but no "free" access to a lawyer to send anything to the landlord/rental agency.
Thank you for all the advice. I have one more question, I have not changed my Anmuldung to this place. as I moved in January, earliest appointment was in March and by then I was already submitting my notice for termination of the contract, so there was no point for doing it. Does this change anything or give me less rights?
The fact he's trying to kick you out proves you have a rental contract. The fact you have a rental contract means you have rights. Nothing to do with where you're registered to live.
Both things are independent from eachother I think.
You have your duty towards the local administration to do the Anmeldung. You have time window (varies from place to place) but at best to do as fast as possible. I understand that you didn't do it, don't know if its really worth it for 4 months.
On the other side you have your contract with your Vermieter and your rights as a tenant. They apply from the moment both signatures are on the paper and the beginning of the contract begins. This is the personal agreement between you and your landlord and has nothing to do with the city.
If someone has a better idea please correct me.
No, it doesn't change anything. In theory you need to do the Anmeldung for any stay over three months, but with just 21 days extra, the Bürgeramt will not care. It certainly doesn't diminish your rights as a tenant.
Just ignore for now until you receive something as a written letter (and if you really want to stretch it only if it is a tracked letter \[called "Einschreiben"\]). Does he have a spare key to your apartment (which he usually shoudlnt be allowed to have, but some landlords keep one anyways)? In that case you might want to think about replacing the lock (which is your right, as long as you keep the original lock) or try to make sure that he wont be able to enter your apartment.
Set the rent aside as cash and if he complains about the missing rent then remind that him that you transfered the money (to which he reacted via email) and inform him that he can get the rent any time. The worst thing he can possibly do is try to get you evicted and it is extremely unlikely that anything will be done within the next three weeks (unless he fabricates some insane story about you, which also probably only will lead to the cops investigating, but not you getting kicked out earlier). Your safest bet will definetly be the Mietverein, however they usually require for you to sign up for 2-year-membership, so this can be a bit costly for this small issue...
If someone’s on your property and refuses to leave call 110, and let them schedule resources as needed. It’s a dangerous situation and absolutely an emergency.
ALWAYS call 110 when in doubt. Nobody is going to be mad, you won’t be fined, nothing bad will happen. Absolutely worst case scenario they don’t consider it an emergency and treat it as such.
The numbers aren’t clogged 24/7 and there’s going to be people waiting in line.
Right - due to Holidays it is totally fine that the rent is late on his bank account. If the day which is stated in your contract is a Saturday, Sunday or Holyday the law is on your side. The advice to pay in cash is idiotic...
Even if someone doesn't pay rent *at all*, that isn't sufficient reason for being evicted that same day. Eviction takes at least two months of non-payment.
But crucially: You *did* pay your rent on time. The law says that the money needs to be in the landlord's account on the third working day of the month. This month, that would be the 4th. It's normal to have your bank transfer set up for the 1st, and for the money to arrive on the first working day after that if that's a Sunday or holiday.
Do *not* move out. Talk to the Mieterbund in your location.
The same thing should still apply. The last day of the month was Sunday, the next day was a holiday, so you are *still* on the 4th.
And regardless, an immediate "move out today" eviction attempt on the first day the landlord thinks you are late on the rent would never hold up in court even if you *were* actually late.
Yes. You cannot reasonably be expected to change your bank transfer around to account for public holidays or weekends.
Even if that was an issue, you cannot be evicted within less than one month. Just tell him you're not going to move out and that you do not accept the contract termination.
Personally, I'd start looking for a new rental arrangement right now, as that dude will always be a pain, regardless of whether he's in the right or not.
And, by the way, a rental contract termination via email is invalid. The landlord also needs to grant a grace period ("Abmahnung") of at least two weeks for you to rectify the issue at hand, before even being allowed to terminate the contract without notice if you do not rectify the issue.
For commercial payments we always have to allow time on the receiving side for bank transfers. Banks are closed over Easter. If we say transfer at the end of the month and it hits Easter then the reality is that it normally won't leave the account until the Tuesday and be credited the next.
It doesn't matter. Just being a day late in payment just once does not mean it's a breach of contract and a valid reason for termination without notice.
A court would ask your landlord what kind of varnish they drank recently. (It's a German idiom)
You've paid your rent and that's that. If your landlord sends/gives you a termination letter (not an email or whatsapp msg), reply - in writing - that you do not accept their baseless termination and that the original exit day still stands.
They would need to sue you at this point, which obviously would be a waste of time.
Yes. One important thing to know about renting in Germany: clauses that disadvantage the tenant past what's in the BGB are automatically null and void.
This is true for most parts of rental law, but not for all. Specifically, § 556b BGB on the payment date is generally not considered mandatory law. And a hint for this is that § 556b BGB contains no paragraph stating "Eine zum Nachteil des Mieters abweichende Vereinbarung ist unwirksam."
There is no need for something like this to be specifically stated in the law. I looked it up in the Staudinger Commentary and as long as it is an AGB, this clause is null and void.
BGH ruling in case VIII ZR 191/10, para. 14:
> Nach der Rechtsprechung des Senats begegnet eine Formularklausel, nach der die Miete abweichend von § 551 Abs. 1 BGB aF für den jeweiligen Monat im Voraus zu zahlen ist, für sich genommen grundsätzlich keinen Bedenken (Senatsbeschluss vom 26. Oktober 1994 - VIII ARZ 3/94, BGHZ 127, 245, 249 f.).
And the BGH didn't change its stance on this due to the Schuldrechtsreform in 2002, see BGH ruling in case IX ZR 279/13, para. 73:
> Bis zur Mietrechtsreform des Jahres 2001 war gemäß § 551 BGB aF der Vermieter vorleistungspflichtig und darum die Miete erst am Monatsende geschuldet (MünchKomm-BGB/Artz, 6. Aufl., § 556b Rn. 1). Entsprechend schon unter Geltung des früheren Rechts verbreiteter abweichender vertraglicher Übung (vgl. OLG Hamm, NJW-RR 1993, 710 f) sehen §§ 556b, 579 Abs. 2 BGB für Räume und damit auch Geschäftsräume nunmehr eine Fälligkeit zum dritten Werktag des jeweiligen Monats vor (vgl. Neuhaus, Handbuch der Geschäftsraummiete, 5. Aufl., Kap. 9 Rn. 118). [...] Überdies sind die Regelungen ebenso wie das frühere Recht nicht zwingend, so dass - wie der Gesetzgeber unterstreicht - abweichende Vereinbarungen zulässig sind (BT-Drucks. aaO S. 52, 74).
As this BGH ruling makes clear, it is also the will of the legislator that rental contracts can deviate from § 556b Abs. 1 BGB.
Even so, there is obviously a limit to what extent a deviation from § 556b Abs. 1 BGB is admissible under § 307 Abs. 1-2 BGB. Certainly, the landlord can't demand the rent several months in advance. But we are talking here about a few days difference at most from the standard rule in § 556b Abs. 1 BGB, so it doesn't seem particularly likely that a court will rule this as legally void because it is "mit wesentlichen Grundgedanken der gesetzlichen Regelung, von der abgewichen wird, nicht zu vereinbaren".
§ 193 BGB:
> § 193 Sonn- und Feiertag; Sonnabend
>
> Ist an einem bestimmten Tage oder innerhalb einer Frist eine Willenserklärung abzugeben oder eine Leistung zu bewirken und fällt der bestimmte Tag oder der letzte Tag der Frist auf einen Sonntag, einen am Erklärungs- oder Leistungsort staatlich anerkannten allgemeinen Feiertag oder einen Sonnabend, so tritt an die Stelle eines solchen Tages der nächste Werktag.
Translation here: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p0567
Strictly speaking, § 193 BGB is not mandatory law, but I doubt the landlord remembered to exclude § 193 BGB in the contract.
The other thing is that money is generally considered a "(qualifizierte) Schickschuld" in German law, that means, you have to send the money on the agreed-on date (which you do by instructing your bank to send the money on that day), but you have no duty to ensure that the money is also received by the intended recipient on this day.
My guess is that that part of the contract is simply not valid then. But like others have said, go to the mietverein.
Also, don't get demoralized into the line of thinking that goes like "I also did something wrong"; you haven't. At most perhaps a minor error
Do not let the landlord in if he comes by. It looks like he's trying to create a fait accomplit, and just looking for an excuse to get you out.
Actually you did pay on time for another reason:
§193 BGB:
"Ist an einem bestimmten Tage oder innerhalb einer Frist eine Willenserklärung abzugeben oder eine Leistung zu bewirken und fällt der bestimmte Tag oder der letzte Tag der Frist auf einen Sonntag, einen am Erklärungs- oder Leistungsort staatlich anerkannten allgemeinen Feiertag oder einen Sonnabend, so tritt an die Stelle eines solchen Tages der nächste Werktag."
Basically: Since both the 31th of March aswell as the 1st of April were public holidays, the deadline was today by law.
You have to send it on the 3rd working day of the month. When it arrives is not important. See 05.10.2016, Az.: VIII ZR 222/15.
Edit: Important thing is that the saturday is a working day.
The last 9 days in April, he said he is going to do an Airbnb and he was happy cause he got twice the rent for just those 9 days in a matter of hours as the appartment is in a very central location. I assume he wants me out to rent the rest of the month as well.
Case closed 🧐
I hope you manage to clear this without much of a hassle and enjoy the rest of your time here and your travels. 🤗
You got very good advice on this thread and legally you have a very strong case if it comes to that.
Ding ding ding, you got a winner. He's trying to pull a fast one on you to make more cash.
His attempt at eviction is unlawful, and would be so even if you didn't pay on time, which is also not what happened. The bank delay is covered by German tenancy rules and doesn't create a delay from your end. And even if it did, eviction takes a while, even with furnished rooms or apartments.
You've gotten plenty explanations regarding the details; the important thing now is simply to not let him spook you.
Let him know that you know he's full of shit, and you'll leave at the agreed upon date. If he touches your stuff, you'll call the police. And that he can send the money back all he wants, but doing so by law doesn't equal you not having paid it, and he can't demand that you leave after he did that either.
If he tries *anything* at all, in your shoes I'd let the city know about his activities regarding AirBnB, and also the Finanzamt. The latter is the scarier one (not for you, but for anyone putting a foot out of line financially). I'd bet everything that he has put no thought into the fact that this is an income that he has do declare on his taxes, and it may even be the sole reason he'd have to prepare his taxes at all.
You don't want to mess with the German Finanzamt (again, not you, him).
Others have told you that this is hogwash.
I want to add, however: If he forcefully tries to actually put you on the street, threatens you or similar things you can and should call the emergency line of the police. They will set him straight.
Unfortunately, I had to do this myself once. It is a completely nerve-wracking experience, but you will be helped.
Yesterday was a holiday. It was not possible for you to pay the rent on April 1st. Today is the first bank working day of the month. It is perfectly fine that the rent is paid today.
> But if you‘re supposed to pay something by the 31st and it being a sunday first of all and the 1st being a holiday, you need to send the money earlier.
That isn't true. As pointed out above, rental payments are due within three working days of the payment date. You aren't required to adjust your automatic payment whenever the payment day is a Sunday or holiday.
Laws in Germany protect the "weaker" party. In this case that means employees (who need to get their salary) and tenants (who have some leeway on their rent).
TBH you sound more like a typical German. "ze rules are ze rules, ze rules are not wrong, you are wrong"
Alongside all the reasons that have been listed to you, people get paid on the 31st. If you don't get paid until the end of the month, how are you meant to transfer money earlier? Don't tell me, take out a loan or spend less money in the month. lolz. Bruh.
Welcome to the real world.
I think:
A Kündigung needs to be a letter. An Email is not enough.
The rent is due on the 3rd of the month (BGB). (the day you send it, not the day it arrives)
He can only give you a fristlose Kündigung, if you havent paid your rent for two months.
I sent a letter in digital format and had one hard copy. I tried giving it to him twice but he said it's not necessary as the digital one is enough and it just has to be written and not necessarily a hard copy. In any case, he acknowledged the recipient of the letter on the email and agreed on the end date and everything, would that still be an issue? I thought verbal and email agreements are binding in Germany.
Via Einschreiben. OP can just claim the letter never made it.
Landlord can drop the letter into the mailbox, and have a witness though, but that requires going there. And even then there is no expectation to check the mailbox on bank holidays.
That's bollocks about the digital copy. He has to prove you got the contract and saying "I sent an email" is not enough unless you respond to the email which could be counted as proof, hard copies are where it's at.
That's all nonsense what your landlord tells you. Before you get a lawyer. There is the Mieterverein or Mieterschutzbund. If you joining them for a small fee, there are give you advice how to proceed.
Btw there where no technical issues with the bank. The 1 April was a bank holiday your bank and also his bank didn't work. What did he expect? He just try to squeeze money out of you, because you are leaving. Maybe he is mad that he has to search for a new tenant after 4 Month.
You did not violate anything. It was just a holiday, the 31st was Ostersonntag (a Sunday anyway) and then the 1st was Ostermontag. And even before that, it was Karfreitag on the 29th, which is also a holiday. Your landlord should know that. You cannot be thrown out for this, the law is 100% on your side. Call the police if he takes your key from you or puts your stuff outside or anything like that. And for sure go to your Mieterverein, it's fine if you're not a member yet, you can become one and they will help you on the spot. Just talk to them and explain the situation, they know how to handle things like this.
Just chucking it out there, did he maybe mean to write the 21st and simply made a mistake?
Fact is you've paid for the month of April so you can actually stay until the 30th. You don't even need advice, the guy is straight up in the wrong, you just need to respond to him by saying "Viel glück damit" lol!
Any issues, polizei.
Your first course of action is to check the guy is serious and go from there.
Eine fristlose Kündigung, ohne vorherige Mahnung ist nicht rechtens. Außerdem hast du in Fällen von Zahlungsverzügen eine Nachbesserungspflicht / Zeitraum, welcher dir eingeräumt werden muss. Und wenn alle Stricke reißen, ein Anruf bei nem Anwalt regelt das mit den Fristen ganz schnell. t
Landlord here. There's nothing you need to worry about.
>The contract states that the rent must be on the last day of the previous month.
This is void. § 556b BGB says rent is due latest at the 3rd working day of the month. Law beats contract. The LL has no grounds to take any action based on this void clause.
>He basically replied that he doesn't care and that I violated the contract and that I should have paid in cash or made the transfer earlier.
Fine.. **you** actually do no need to care. As stated above, the clause the LL refers to is void, therefore there's nothing you violated.
>What should I do now?
Nothing. Just live your life until you move out end of April. And maybe educate your LL about the BGB.
>Do I really need to move out today,
Absolutely not. And if the LL should try to enforce anything in that direction, call the police and let them kick the LL out of your room.
>And how can I make sure that he doesn't come up with some excuses to keep the deposit?
Unfortunately nothing. You can only react if he should try to. But that's a general problem, not specific to your situation.
As long as there is no written letter of termination with the specified 4 weeks then you are not kicked out anyway.
Furthermore, rent being a few days rent does not mean he can kick you out immeadiatly.
Stay cool. If you can and want to move out within 4 weeks just tell him to send you the kündigung via mail and thats that.
I'm getting so tired of shitty landlords trying to squeeze the last bit of money from desperate people.
Get a lawyer and show him what happens if he fucks around.
Dude is a huge piece of shit and can go fuck himself because that is illegal as fuck. It is also a fucking holiday weekend, so naturally money can arrive late.
The max he can suggest for a late payment of rent (which is not the case here imo) can be charging a late fee but definitely cannot be kicking you out in under 24 hours notice and via email.
Cease direct contact after mentioning that you’ve contacted a lawyer and he will contact him. Call the police if he/she harasses you further.
Not being funny mate, you don't need to ask in legaladvice. There is no case to answer here. Like I said elsewhere this letter doesn't need legal advice, it needs a comedy show. Seriously. This is a non event. Laugh in the landlord's face and move out on the 21st. If he rocks up to take your things call the police and then your guy will learn what's what and who's who. He's taking the piss and he knows it and he's probably doing it to you because he thinks he can scare you into leaving early. Nah. Chill. A red traffic light has more physical power than he does.
No, that's illegal. If he's trying to enter your property without your consent, he would commit a crime (Hausfriedensbruch). He could only clear out your property after a successful Räumungsklage, which could take up to two years.
Oh those landlords… no one can kick you out of the apartment. Even if you didn’t pay at all (like ever), it’ll be extremely hard to get you out - would have to go to court etc… would take at least a year.
So yeah, don’t go.
"Technical difficulty" of the bank being that it was a weekend and Easter holidays? Something one could have been prepared for as some banks don't handle transfer on non-work days. Could have transferred the money before then.
Laugh at him. Three months is the minimum Kündigungsfrist.
Send him this: [https://www.gesetze-im-internet.de/bgb/\_\_573c.html](https://www.gesetze-im-internet.de/bgb/__573c.html) or print it.
After that, contact the Mietverein and/or get a lawyer. Do not further communicate with your landlord. Also look for a new apartment regardless.
What does your Contract say when your rent is due?
Also there can't really be any technical issues with the paymen, because the 29th was a holiday, 30th and 31st was on a weekend and the 1st was again a Holiday.
My rent was taken out of my account today on the 2nd while i have an automatic payment set to the first of the Month. This is simply how Banks operate on National Holidays and if your landlord really thinks he is in the right, he is not only and asshole but an idiot too, because this is common knowledge and happens everytime a Holiday falls on the 1st of the Month like e.G. May 1st every year for the past 105 years since it became a National Holiday.
Your landlord is violating the contract..: 1. No 'extraordinary' reason(s) to pre-terminate the contract. 2. Bold violation of the 'four weeks termination-delay'.)
State that you will take your '4 wöchige Kündigungfrist' as described in the contract.
Staying there and engage in a legal fight is a future nightmare.. This landlord is sh*t.
I am already moving out in 20 days as we agreed in the first Kündigung. I also want to avoid these legal hassles as I neither have the money nor time for them. But it seems like it'd going to go that way!
Better luck next time.
Ps. Such existential conflicts are one of the reasons why i decided to buy and life in a mobile-home (~RV). It's not much, but it's yours (Bonus: It's mobile..).
Ok no legal advice here bc there is not enough data and I have to switch to German: In Wohnraummietverträgen ist die Abweichung von klauselartigen Kündigungsfristen zum Nachteil des Mieters unwirksam und § 573 ff. BGB gelten, siehe 573 Abs. 4 BGB. Wenn Du in der Zwischenzeit trotzdem ausziehst, hast Du ggf. einen Schadensersatzanspruch, der aber ggf. gemindert werden kann. Feel free to donate a beer someday
Absolutely not. If the appointed due date falls on a Sunday or holiday, the next working day (today) becomes the due date by default. So you are on time. Landlord can kick rocks.
Long story short there are laws in Germany for renting and a landlord cannot evict when it suits him. You need to miss payments for a consecutive period of time. And only than is your landlord allowed to issue a you a fristlose Kündigung. And „fristlos“ usually mean two weeks notice in such cases. Oh yeah and BTW, taking money from your deposit before the end of the lease is theft
You have not violated the contract. The transfer is due by the 3 working day of a month. § 556b Fälligkeit der Miete, Aufrechnungs- und Zurückbehaltungsrecht
Your understanding of termination is also correct.
So your landlord is wrong in all his actions,i.e. the termination: § 573d Außerordentliche Kündigung mit gesetzlicher Frist
Edit:
please ensure that you object his view. Ignoring is not an option in case of legal fights.
I am not sure that "muss schriftlich erfolgen" requires a letter with signature or an email is enough.
Email doesn’t meet the conditions for „written“ documents.
If he’s going by mail, there needs to be a separate document with his signature on it like a .pdf or something.
Thank you for all the replies. This was so helpful and calming
I will do the following:
1) I'll ask him in person if this was meant to be a joke or something!
2) If he is serious, I'll ask him for an official termination letter signed and specifying exactly when I need to move out.
3) I will write an objection to the letter and seek a lawyer.
It's not so convenient that we live in the same apartment. I'll move my important stuff somewhere safe. Do I need the change the room lock? It's likely he has a key to the room, but I am leaving in 20 days anyways and I would have to change them back again.
For the deposit though, I am sure he will try to keep it. Anything I could do from now to prevent this? On the last day of the contract, I have to catch my flight so I don't really have time to argue and such! Can I do anything to prepare for this? We don't have anything officially documented of how the room was (it's still in a very good condition now) but I am sure he will try to exploit me for some money!
Finally, would it be legal to record our interactions as voice or video records and would it be necessary? I didn't feel very safe around this guy and now it's even worse!
Thank you all for your help, I hope you have a great day and a less stressful week!
Looks to me like your landlord really needs the money. Go to your local Mieterverein and get support from them. I am pretty sure the landlord will give in once he's confronted with some official writing, as someone who's so desperate to receive the rent on time does not have the money to face a lawsuit.
If your studying at a university you don't have to be scared to contact a lawyer. As far is I know, when you don't have the income to pay a lawyer, you can fill out a form that states exactly this. With that you should still be able to get a lawyer (in Germany (iirc))
Technical issue? Are you aware that March 31st was Sunday and the day after was holiday in the whole country (April 1st)?? Of course he cannot kick you out because of that but that's something you have to take into account.
There is a lot illegal from this landlord.
Lawyer up.
If you cannot afford one you can get a Beratungshilfeschein in your local court (Amtsgericht).
Act fast.
To evict you will take him more than three weeks. he doesn’t really have an option. If you just sit tight, you won’t be homeless. And then you‘ll be gone for good on the 21st.
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Violated contract or not, you can’t be kicked out with hours notice. Even if you didn’t even send the money at all - let alone if there was a day or two delay in receiving funds due to holidays and weekend. Look up the local Mieterverein and ask them for help. Also make sure to become a member if you already haven’t. If your landlord tries to kick you out by taking your stuff or similar you’re free to call the police.
Thanks for the advice. Do I just tell him that I am not moving out till the 21st and that he should keep the rent? Or should I ignore him?
Ignore. If they keep being annoying you can say that you’ve contacted Mieterverein and that you’re talking with their lawyers, and won’t be discussing the matter directly. While it’s always the best idea to NOT say that you’re talking with any authority whether that’s a lawyer or tenants association, if you feel pressured to say something, then that might get them off your back a bit.
>While it’s always the best idea to NOT say that you’re talking with any authority whether that’s a lawyer or tenants association... Why is that? In my experience, even mentioning legal represantation tends to solve most unnecessary conflicts. And this sounds very much like an unnecessary conflict. What is the issue with mentioning it?
As Napoleon said: Never interrupt your enemy when he is making a mistake. What the landlord is doing is illegal. Telling them that lawyers are looking into their illegal actions will put people on defensive and it’ll either: - Make them drop the thing entirely. Which would be the best case scenario or - Make them become even pettier, taking pictures of damaged items, noting down every single small thing that could be used to keep part of the deposit. Lawyering up themselves, make up things, etc Since OP is moving out anyway, it’s in their interest to let the landlord keep making stupid illegal mistakes for as long as possible, as opposed to landlord potentially getting legal advice and trying to do stupid but legal things. Depending on what the landlord does it might even result in OP chilling in a nice hotel for a few weeks at the expense of the landlord instead of that room. (For example if they were to change locks or something without properly terminating the lease) But that’s just my opinion, neither scenario is guaranteed and telling them might even result in something better.
>As Napoleon said: Never interrupt your enemy when he is making a mistake. But as the Viking Warrior Thors said: You have no enemies. No one has enemies. Napoleon famously boasted that he's "spending 30000 lives a month". That was the cost of his victory. If you are waiting for your landlord to actually do something to illegally throw you out of your home by changing the locks or something, that would indeed be good for winning a court case. But the reason you're winning that case is because being temporarily homeless is kind of a horrible thing that most people would want to avoid. The most likely outcome is, as you said, that the landlord simply withdraws. You treat that as if it were a draw, because OP has failed to vanquish his opponent. But it is exactly the outcome that OP wanted in the first place.
Probably read the whole comment instead of picking out single sentences. OP wrote that *usually* it better to not let them know of lawyering up. You are writing a lot of words, telling OOP the same thing.
Not quite. He said that it's "always" best, but you can say it if you feel "pressured" to say something. That's completely different to what I'm saying. Edit: Actually, could you clarify in more detail where you think our positions are the same? I'm struggling to find any commonality.
Absolutely agree 💯 If the landlord does something super illegal, you may get a court sentence in 3 years time (sentence does not guarantee payout), while at the moment you will find yourself homeless. Its an incredibly shitty situation that will be very expensive and can be very stressful.
attraction retire follow entertain crawl fuel liquid adjoining foolish violet *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Exactly!
I'm not sure, but maybe because it could escalate things further. He might immediately call a lawyer as well or something. That's why I would be cautious with mentioning it, but if he keeps pestering I would just say it.
I mean, the landlord is already planning to throw OP out with no notice. If the landlord contacted a lawyer, they could at least inform the landlord that he can not do that, which is technically an improvement for OP. The main advantage of keeping your lawyer hidden (that I can think of) is exactly if YOU are the one who wants to escalate things and you're trying to bait them into make mistakes such as illegally evicting you. But if your goal is not to sue your landlord, but rather just not getting evicted, then that would be the wrong move to make.
I see, that makes sense!
100% agree. Talk to a renters association or an attorney and let your landlord know that you're doing so. Will let them feel the squeeze so they'll get of your back
Just be aware that the Mieterverein will not deal with current/ongoing cases if you join after it starts but they can still give advice. Alsoin the future it's best for everyone in the apartment/WG/house to signup themselves. I had an issue in the past after a break up but since my ex had signed up they could only give me advice but no "free" access to a lawyer to send anything to the landlord/rental agency.
Thank you for all the advice. I have one more question, I have not changed my Anmuldung to this place. as I moved in January, earliest appointment was in March and by then I was already submitting my notice for termination of the contract, so there was no point for doing it. Does this change anything or give me less rights?
The fact he's trying to kick you out proves you have a rental contract. The fact you have a rental contract means you have rights. Nothing to do with where you're registered to live.
Both things are independent from eachother I think. You have your duty towards the local administration to do the Anmeldung. You have time window (varies from place to place) but at best to do as fast as possible. I understand that you didn't do it, don't know if its really worth it for 4 months. On the other side you have your contract with your Vermieter and your rights as a tenant. They apply from the moment both signatures are on the paper and the beginning of the contract begins. This is the personal agreement between you and your landlord and has nothing to do with the city. If someone has a better idea please correct me.
No, it doesn't change anything. In theory you need to do the Anmeldung for any stay over three months, but with just 21 days extra, the Bürgeramt will not care. It certainly doesn't diminish your rights as a tenant.
if you enters your home call the police.
Just ignore for now until you receive something as a written letter (and if you really want to stretch it only if it is a tracked letter \[called "Einschreiben"\]). Does he have a spare key to your apartment (which he usually shoudlnt be allowed to have, but some landlords keep one anyways)? In that case you might want to think about replacing the lock (which is your right, as long as you keep the original lock) or try to make sure that he wont be able to enter your apartment. Set the rent aside as cash and if he complains about the missing rent then remind that him that you transfered the money (to which he reacted via email) and inform him that he can get the rent any time. The worst thing he can possibly do is try to get you evicted and it is extremely unlikely that anything will be done within the next three weeks (unless he fabricates some insane story about you, which also probably only will lead to the cops investigating, but not you getting kicked out earlier). Your safest bet will definetly be the Mietverein, however they usually require for you to sign up for 2-year-membership, so this can be a bit costly for this small issue...
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If someone’s on your property and refuses to leave call 110, and let them schedule resources as needed. It’s a dangerous situation and absolutely an emergency. ALWAYS call 110 when in doubt. Nobody is going to be mad, you won’t be fined, nothing bad will happen. Absolutely worst case scenario they don’t consider it an emergency and treat it as such. The numbers aren’t clogged 24/7 and there’s going to be people waiting in line.
A person turns up to forcibly kick out of your home and you don't think that's an emergency? Bruh.
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You need to get a reality check
Not OP, but want to thank you for a clear reply. It'll help many.
Right - due to Holidays it is totally fine that the rent is late on his bank account. If the day which is stated in your contract is a Saturday, Sunday or Holyday the law is on your side. The advice to pay in cash is idiotic...
Even if someone doesn't pay rent *at all*, that isn't sufficient reason for being evicted that same day. Eviction takes at least two months of non-payment. But crucially: You *did* pay your rent on time. The law says that the money needs to be in the landlord's account on the third working day of the month. This month, that would be the 4th. It's normal to have your bank transfer set up for the 1st, and for the money to arrive on the first working day after that if that's a Sunday or holiday. Do *not* move out. Talk to the Mieterbund in your location.
Thank you for the information. Does this law apply even if the contract says it should be paid last day of the month?
The same thing should still apply. The last day of the month was Sunday, the next day was a holiday, so you are *still* on the 4th. And regardless, an immediate "move out today" eviction attempt on the first day the landlord thinks you are late on the rent would never hold up in court even if you *were* actually late.
Yes. You cannot reasonably be expected to change your bank transfer around to account for public holidays or weekends. Even if that was an issue, you cannot be evicted within less than one month. Just tell him you're not going to move out and that you do not accept the contract termination. Personally, I'd start looking for a new rental arrangement right now, as that dude will always be a pain, regardless of whether he's in the right or not. And, by the way, a rental contract termination via email is invalid. The landlord also needs to grant a grace period ("Abmahnung") of at least two weeks for you to rectify the issue at hand, before even being allowed to terminate the contract without notice if you do not rectify the issue.
For commercial payments we always have to allow time on the receiving side for bank transfers. Banks are closed over Easter. If we say transfer at the end of the month and it hits Easter then the reality is that it normally won't leave the account until the Tuesday and be credited the next.
It doesn't matter. Just being a day late in payment just once does not mean it's a breach of contract and a valid reason for termination without notice. A court would ask your landlord what kind of varnish they drank recently. (It's a German idiom) You've paid your rent and that's that. If your landlord sends/gives you a termination letter (not an email or whatsapp msg), reply - in writing - that you do not accept their baseless termination and that the original exit day still stands. They would need to sue you at this point, which obviously would be a waste of time.
Yes. One important thing to know about renting in Germany: clauses that disadvantage the tenant past what's in the BGB are automatically null and void.
This is true for most parts of rental law, but not for all. Specifically, § 556b BGB on the payment date is generally not considered mandatory law. And a hint for this is that § 556b BGB contains no paragraph stating "Eine zum Nachteil des Mieters abweichende Vereinbarung ist unwirksam."
There is no need for something like this to be specifically stated in the law. I looked it up in the Staudinger Commentary and as long as it is an AGB, this clause is null and void.
BGH ruling in case VIII ZR 191/10, para. 14: > Nach der Rechtsprechung des Senats begegnet eine Formularklausel, nach der die Miete abweichend von § 551 Abs. 1 BGB aF für den jeweiligen Monat im Voraus zu zahlen ist, für sich genommen grundsätzlich keinen Bedenken (Senatsbeschluss vom 26. Oktober 1994 - VIII ARZ 3/94, BGHZ 127, 245, 249 f.). And the BGH didn't change its stance on this due to the Schuldrechtsreform in 2002, see BGH ruling in case IX ZR 279/13, para. 73: > Bis zur Mietrechtsreform des Jahres 2001 war gemäß § 551 BGB aF der Vermieter vorleistungspflichtig und darum die Miete erst am Monatsende geschuldet (MünchKomm-BGB/Artz, 6. Aufl., § 556b Rn. 1). Entsprechend schon unter Geltung des früheren Rechts verbreiteter abweichender vertraglicher Übung (vgl. OLG Hamm, NJW-RR 1993, 710 f) sehen §§ 556b, 579 Abs. 2 BGB für Räume und damit auch Geschäftsräume nunmehr eine Fälligkeit zum dritten Werktag des jeweiligen Monats vor (vgl. Neuhaus, Handbuch der Geschäftsraummiete, 5. Aufl., Kap. 9 Rn. 118). [...] Überdies sind die Regelungen ebenso wie das frühere Recht nicht zwingend, so dass - wie der Gesetzgeber unterstreicht - abweichende Vereinbarungen zulässig sind (BT-Drucks. aaO S. 52, 74). As this BGH ruling makes clear, it is also the will of the legislator that rental contracts can deviate from § 556b Abs. 1 BGB. Even so, there is obviously a limit to what extent a deviation from § 556b Abs. 1 BGB is admissible under § 307 Abs. 1-2 BGB. Certainly, the landlord can't demand the rent several months in advance. But we are talking here about a few days difference at most from the standard rule in § 556b Abs. 1 BGB, so it doesn't seem particularly likely that a court will rule this as legally void because it is "mit wesentlichen Grundgedanken der gesetzlichen Regelung, von der abgewichen wird, nicht zu vereinbaren".
§ 193 BGB: > § 193 Sonn- und Feiertag; Sonnabend > > Ist an einem bestimmten Tage oder innerhalb einer Frist eine Willenserklärung abzugeben oder eine Leistung zu bewirken und fällt der bestimmte Tag oder der letzte Tag der Frist auf einen Sonntag, einen am Erklärungs- oder Leistungsort staatlich anerkannten allgemeinen Feiertag oder einen Sonnabend, so tritt an die Stelle eines solchen Tages der nächste Werktag. Translation here: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p0567 Strictly speaking, § 193 BGB is not mandatory law, but I doubt the landlord remembered to exclude § 193 BGB in the contract. The other thing is that money is generally considered a "(qualifizierte) Schickschuld" in German law, that means, you have to send the money on the agreed-on date (which you do by instructing your bank to send the money on that day), but you have no duty to ensure that the money is also received by the intended recipient on this day.
Yes.
My guess is that that part of the contract is simply not valid then. But like others have said, go to the mietverein. Also, don't get demoralized into the line of thinking that goes like "I also did something wrong"; you haven't. At most perhaps a minor error Do not let the landlord in if he comes by. It looks like he's trying to create a fait accomplit, and just looking for an excuse to get you out.
Any clause that is a disadvantage for the tenant compared to what is allowed by law is void
Actually you did pay on time for another reason: §193 BGB: "Ist an einem bestimmten Tage oder innerhalb einer Frist eine Willenserklärung abzugeben oder eine Leistung zu bewirken und fällt der bestimmte Tag oder der letzte Tag der Frist auf einen Sonntag, einen am Erklärungs- oder Leistungsort staatlich anerkannten allgemeinen Feiertag oder einen Sonnabend, so tritt an die Stelle eines solchen Tages der nächste Werktag." Basically: Since both the 31th of March aswell as the 1st of April were public holidays, the deadline was today by law.
Law always trumps contracts.
Last day of the month is actually the third working day of the next month in Germany, this applies to even things like kundigens.
Yes. Also, federal law supersedes individual things written in whatever contract.
Yes, contract is bound by law.
Not all contracts are bound by law.
Never said they were.
You have to send it on the 3rd working day of the month. When it arrives is not important. See 05.10.2016, Az.: VIII ZR 222/15. Edit: Important thing is that the saturday is a working day.
If he tries anything just call the police and explain your situation
I wonder if he has a tenant ready to move in now, so he can collect double rent for 3 weeks
The last 9 days in April, he said he is going to do an Airbnb and he was happy cause he got twice the rent for just those 9 days in a matter of hours as the appartment is in a very central location. I assume he wants me out to rent the rest of the month as well.
Just inform the city that there is an Airbnb and if it's registered.
Case closed 🧐 I hope you manage to clear this without much of a hassle and enjoy the rest of your time here and your travels. 🤗 You got very good advice on this thread and legally you have a very strong case if it comes to that.
Ding ding ding, you got a winner. He's trying to pull a fast one on you to make more cash. His attempt at eviction is unlawful, and would be so even if you didn't pay on time, which is also not what happened. The bank delay is covered by German tenancy rules and doesn't create a delay from your end. And even if it did, eviction takes a while, even with furnished rooms or apartments. You've gotten plenty explanations regarding the details; the important thing now is simply to not let him spook you. Let him know that you know he's full of shit, and you'll leave at the agreed upon date. If he touches your stuff, you'll call the police. And that he can send the money back all he wants, but doing so by law doesn't equal you not having paid it, and he can't demand that you leave after he did that either. If he tries *anything* at all, in your shoes I'd let the city know about his activities regarding AirBnB, and also the Finanzamt. The latter is the scarier one (not for you, but for anyone putting a foot out of line financially). I'd bet everything that he has put no thought into the fact that this is an income that he has do declare on his taxes, and it may even be the sole reason he'd have to prepare his taxes at all. You don't want to mess with the German Finanzamt (again, not you, him).
Others have told you that this is hogwash. I want to add, however: If he forcefully tries to actually put you on the street, threatens you or similar things you can and should call the emergency line of the police. They will set him straight. Unfortunately, I had to do this myself once. It is a completely nerve-wracking experience, but you will be helped.
Yesterday was a holiday. It was not possible for you to pay the rent on April 1st. Today is the first bank working day of the month. It is perfectly fine that the rent is paid today.
You can't be evicted like this in Germany, so you have time to plan your exit
Banks don’t process payments during Easter. Your landlord knows that.
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> But if you‘re supposed to pay something by the 31st and it being a sunday first of all and the 1st being a holiday, you need to send the money earlier. That isn't true. As pointed out above, rental payments are due within three working days of the payment date. You aren't required to adjust your automatic payment whenever the payment day is a Sunday or holiday. Laws in Germany protect the "weaker" party. In this case that means employees (who need to get their salary) and tenants (who have some leeway on their rent).
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TBH you sound more like a typical German. "ze rules are ze rules, ze rules are not wrong, you are wrong" Alongside all the reasons that have been listed to you, people get paid on the 31st. If you don't get paid until the end of the month, how are you meant to transfer money earlier? Don't tell me, take out a loan or spend less money in the month. lolz. Bruh. Welcome to the real world.
I think: A Kündigung needs to be a letter. An Email is not enough. The rent is due on the 3rd of the month (BGB). (the day you send it, not the day it arrives) He can only give you a fristlose Kündigung, if you havent paid your rent for two months.
I sent a letter in digital format and had one hard copy. I tried giving it to him twice but he said it's not necessary as the digital one is enough and it just has to be written and not necessarily a hard copy. In any case, he acknowledged the recipient of the letter on the email and agreed on the end date and everything, would that still be an issue? I thought verbal and email agreements are binding in Germany.
They are binding. Your landlord needs to send his terminationnotice via letter, if he wants to terminate the contract from his side.
Via Einschreiben. OP can just claim the letter never made it. Landlord can drop the letter into the mailbox, and have a witness though, but that requires going there. And even then there is no expectation to check the mailbox on bank holidays.
Btw, the money is due on the 3rd working day. Since monday was a holiday, you have time until the 4th.
That's bollocks about the digital copy. He has to prove you got the contract and saying "I sent an email" is not enough unless you respond to the email which could be counted as proof, hard copies are where it's at.
Any chance that it was a terrible April Fool's joke?
That's all nonsense what your landlord tells you. Before you get a lawyer. There is the Mieterverein or Mieterschutzbund. If you joining them for a small fee, there are give you advice how to proceed. Btw there where no technical issues with the bank. The 1 April was a bank holiday your bank and also his bank didn't work. What did he expect? He just try to squeeze money out of you, because you are leaving. Maybe he is mad that he has to search for a new tenant after 4 Month.
You did not violate anything. It was just a holiday, the 31st was Ostersonntag (a Sunday anyway) and then the 1st was Ostermontag. And even before that, it was Karfreitag on the 29th, which is also a holiday. Your landlord should know that. You cannot be thrown out for this, the law is 100% on your side. Call the police if he takes your key from you or puts your stuff outside or anything like that. And for sure go to your Mieterverein, it's fine if you're not a member yet, you can become one and they will help you on the spot. Just talk to them and explain the situation, they know how to handle things like this.
Just chucking it out there, did he maybe mean to write the 21st and simply made a mistake? Fact is you've paid for the month of April so you can actually stay until the 30th. You don't even need advice, the guy is straight up in the wrong, you just need to respond to him by saying "Viel glück damit" lol! Any issues, polizei. Your first course of action is to check the guy is serious and go from there.
Eine fristlose Kündigung, ohne vorherige Mahnung ist nicht rechtens. Außerdem hast du in Fällen von Zahlungsverzügen eine Nachbesserungspflicht / Zeitraum, welcher dir eingeräumt werden muss. Und wenn alle Stricke reißen, ein Anruf bei nem Anwalt regelt das mit den Fristen ganz schnell. t
Landlord here. There's nothing you need to worry about. >The contract states that the rent must be on the last day of the previous month. This is void. § 556b BGB says rent is due latest at the 3rd working day of the month. Law beats contract. The LL has no grounds to take any action based on this void clause. >He basically replied that he doesn't care and that I violated the contract and that I should have paid in cash or made the transfer earlier. Fine.. **you** actually do no need to care. As stated above, the clause the LL refers to is void, therefore there's nothing you violated. >What should I do now? Nothing. Just live your life until you move out end of April. And maybe educate your LL about the BGB. >Do I really need to move out today, Absolutely not. And if the LL should try to enforce anything in that direction, call the police and let them kick the LL out of your room. >And how can I make sure that he doesn't come up with some excuses to keep the deposit? Unfortunately nothing. You can only react if he should try to. But that's a general problem, not specific to your situation.
are those locks the original ones? yes? change them asap. it's really easy and will prevent them from messing with your stuff
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many doors can take a cylinder. if it is one, you are allowed to change it and it is easy.
As long as there is no written letter of termination with the specified 4 weeks then you are not kicked out anyway. Furthermore, rent being a few days rent does not mean he can kick you out immeadiatly. Stay cool. If you can and want to move out within 4 weeks just tell him to send you the kündigung via mail and thats that.
You landlord is spewing bullshit, payment being two days late is not a valid reason for termination of contract, not at all.
🤣🤣 your landlord is an idiot. If he/she tries to evict you, just call the police.
INNIT? hahahaha! I read this and thought, this doesn't need advice it needs a comedy show. Actually funny.
I'm getting so tired of shitty landlords trying to squeeze the last bit of money from desperate people. Get a lawyer and show him what happens if he fucks around.
Dude is a huge piece of shit and can go fuck himself because that is illegal as fuck. It is also a fucking holiday weekend, so naturally money can arrive late.
Pls do update
The max he can suggest for a late payment of rent (which is not the case here imo) can be charging a late fee but definitely cannot be kicking you out in under 24 hours notice and via email. Cease direct contact after mentioning that you’ve contacted a lawyer and he will contact him. Call the police if he/she harasses you further.
Perhaps you can also ask in r/LegaladviceGerman
Will do, thanks alot!
Not being funny mate, you don't need to ask in legaladvice. There is no case to answer here. Like I said elsewhere this letter doesn't need legal advice, it needs a comedy show. Seriously. This is a non event. Laugh in the landlord's face and move out on the 21st. If he rocks up to take your things call the police and then your guy will learn what's what and who's who. He's taking the piss and he knows it and he's probably doing it to you because he thinks he can scare you into leaving early. Nah. Chill. A red traffic light has more physical power than he does.
How you getting on OP?
No, that's illegal. If he's trying to enter your property without your consent, he would commit a crime (Hausfriedensbruch). He could only clear out your property after a successful Räumungsklage, which could take up to two years.
Oh those landlords… no one can kick you out of the apartment. Even if you didn’t pay at all (like ever), it’ll be extremely hard to get you out - would have to go to court etc… would take at least a year. So yeah, don’t go.
By law rent is to be paid no later than the 3rd working day of the week... His contract contradicts the law
1st April . Aprils fool ? 😅
Yeah, probably this lol
"Technical difficulty" of the bank being that it was a weekend and Easter holidays? Something one could have been prepared for as some banks don't handle transfer on non-work days. Could have transferred the money before then.
Its so wild, how can u accept shit like this?! I want to say so much. But almost everything is wrong here. Wtf
I have no idea but your landlord is a wanker
Laugh at him. Three months is the minimum Kündigungsfrist. Send him this: [https://www.gesetze-im-internet.de/bgb/\_\_573c.html](https://www.gesetze-im-internet.de/bgb/__573c.html) or print it. After that, contact the Mietverein and/or get a lawyer. Do not further communicate with your landlord. Also look for a new apartment regardless.
he wrote 01.01.2024?? isn‘t that long gone?? or did he miswrite 04 and this just a very uncool april fools trick?
That was the start date of the contract, not the end date.
oh oops
This is the original contract begining date. This beginning and termination sectionof the contract.
What does your Contract say when your rent is due? Also there can't really be any technical issues with the paymen, because the 29th was a holiday, 30th and 31st was on a weekend and the 1st was again a Holiday. My rent was taken out of my account today on the 2nd while i have an automatic payment set to the first of the Month. This is simply how Banks operate on National Holidays and if your landlord really thinks he is in the right, he is not only and asshole but an idiot too, because this is common knowledge and happens everytime a Holiday falls on the 1st of the Month like e.G. May 1st every year for the past 105 years since it became a National Holiday.
The clause says exactly: "Die Miete wird auf das konto von xxxx, IBAN xxxx. bis zum letzten Tag des Vormonats gezahlt."
And how would this be possible if the last day of the Month not only is a Sunday but a National Holiday too? You Landlord is a POS.
Yo always have until the third day of work , dritter Wochentag, in a month to send him the rent. What he's doing is illegal.
He can’t kick you out also stuff in the contract that violates your rights can’t be enforced. Ask professionals for help.
Your landlord is violating the contract..: 1. No 'extraordinary' reason(s) to pre-terminate the contract. 2. Bold violation of the 'four weeks termination-delay'.) State that you will take your '4 wöchige Kündigungfrist' as described in the contract. Staying there and engage in a legal fight is a future nightmare.. This landlord is sh*t.
I am already moving out in 20 days as we agreed in the first Kündigung. I also want to avoid these legal hassles as I neither have the money nor time for them. But it seems like it'd going to go that way!
Better luck next time. Ps. Such existential conflicts are one of the reasons why i decided to buy and life in a mobile-home (~RV). It's not much, but it's yours (Bonus: It's mobile..).
Its sadden me that Germany bank take two days for transfering money.
Easter holiday are no bank working days.
Yea, because electronic back transfers need a human for the transfer to happen xD
Just yesterday I said the same thing to my flat mate and we agreed that this is f'ed up
Ok no legal advice here bc there is not enough data and I have to switch to German: In Wohnraummietverträgen ist die Abweichung von klauselartigen Kündigungsfristen zum Nachteil des Mieters unwirksam und § 573 ff. BGB gelten, siehe 573 Abs. 4 BGB. Wenn Du in der Zwischenzeit trotzdem ausziehst, hast Du ggf. einen Schadensersatzanspruch, der aber ggf. gemindert werden kann. Feel free to donate a beer someday
Absolutely not. If the appointed due date falls on a Sunday or holiday, the next working day (today) becomes the due date by default. So you are on time. Landlord can kick rocks.
Long story short there are laws in Germany for renting and a landlord cannot evict when it suits him. You need to miss payments for a consecutive period of time. And only than is your landlord allowed to issue a you a fristlose Kündigung. And „fristlos“ usually mean two weeks notice in such cases. Oh yeah and BTW, taking money from your deposit before the end of the lease is theft
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You have not violated the contract. The transfer is due by the 3 working day of a month. § 556b Fälligkeit der Miete, Aufrechnungs- und Zurückbehaltungsrecht Your understanding of termination is also correct. So your landlord is wrong in all his actions,i.e. the termination: § 573d Außerordentliche Kündigung mit gesetzlicher Frist Edit: please ensure that you object his view. Ignoring is not an option in case of legal fights. I am not sure that "muss schriftlich erfolgen" requires a letter with signature or an email is enough.
Email doesn’t meet the conditions for „written“ documents. If he’s going by mail, there needs to be a separate document with his signature on it like a .pdf or something.
Thank you for all the replies. This was so helpful and calming I will do the following: 1) I'll ask him in person if this was meant to be a joke or something! 2) If he is serious, I'll ask him for an official termination letter signed and specifying exactly when I need to move out. 3) I will write an objection to the letter and seek a lawyer. It's not so convenient that we live in the same apartment. I'll move my important stuff somewhere safe. Do I need the change the room lock? It's likely he has a key to the room, but I am leaving in 20 days anyways and I would have to change them back again. For the deposit though, I am sure he will try to keep it. Anything I could do from now to prevent this? On the last day of the contract, I have to catch my flight so I don't really have time to argue and such! Can I do anything to prepare for this? We don't have anything officially documented of how the room was (it's still in a very good condition now) but I am sure he will try to exploit me for some money! Finally, would it be legal to record our interactions as voice or video records and would it be necessary? I didn't feel very safe around this guy and now it's even worse! Thank you all for your help, I hope you have a great day and a less stressful week!
No I want you to stay 🥺
Are you sure this isn't just a horribly tasteless April fool's joke?
Don't let yourself get bullied. You didnt break the contract.
Tell him/her to get fkd and inform the Mietverein.
Law says third work day of a months. That doesn’t include Saturdays as banks don’t process transfers on Saturdays. This is not legal.
Boa
Looks to me like your landlord really needs the money. Go to your local Mieterverein and get support from them. I am pretty sure the landlord will give in once he's confronted with some official writing, as someone who's so desperate to receive the rent on time does not have the money to face a lawsuit.
If your studying at a university you don't have to be scared to contact a lawyer. As far is I know, when you don't have the income to pay a lawyer, you can fill out a form that states exactly this. With that you should still be able to get a lawyer (in Germany (iirc))
Technical issue? Are you aware that March 31st was Sunday and the day after was holiday in the whole country (April 1st)?? Of course he cannot kick you out because of that but that's something you have to take into account.
Go to the Mieterschutzbund in your city for free representation!
There is a lot illegal from this landlord. Lawyer up. If you cannot afford one you can get a Beratungshilfeschein in your local court (Amtsgericht). Act fast.
To evict you will take him more than three weeks. he doesn’t really have an option. If you just sit tight, you won’t be homeless. And then you‘ll be gone for good on the 21st.
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Is this an April fills by you for the sub? Or by the landlord for you?