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Rent Uncomfortable Situation

06.12.2012 11:41 |
Preis: ***,00 € |

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Last weekend, my landlord came to me to explain me that he has a delicate situation with his wife. In the moment, he is not living here. I live in their house in one of their annex that has its own entrance. I signed contract with him from 19.10.2012 until 28.02.2013. What he is proposing me is that in order to show to his wife and wife's lawyer that he is living here, he wants me to give him access to my flat and then he will just stay a couple of hour everyday and then he leaves. Also, he wants to introduce a bed to pretend he is living here officially. I had 2 conversations with him and the last one I told him that I did not like the idea of living with another person and that I dont want to be in the middle of his situation. So I told him that what would happen if I say no, he told me that then he can cancel the contract, and that I wouldnt have any rights as tenant. I am from venezuela, so I could not make any assumption because I dont know the german law. What I want to know is what my rights are as a tenant, so I can tell him what the real conditions are. I know he has the right to move in but I heard he needs to give me a notification 3 months in advance if he wants to do so. 3 months in advance is the time I need until the contract is over.

Thank you for your attention and I am waiting for your help.

Best Regards,

O.A

Dear Sir,

primarily your rights depend on the original contract. If you both agreed that you would live in the flat/house on your own, than you have the right to do so. You also don't have to agree to change this contract.
You say you signed a contract with him from 19.10.2012 until 28.02.2013. Such a contract is called "Mietverhältnis, das auf bestimmte Zeit eingegangen ist" (§ 542 BGB). Your landlord can't end this contract before 28.02.2013 under normal circumstances. In particular he can't end the contract because of "an important reason" (Außerordentliche fristlose Kündigung aus wichtigem Grund, § 543 BGB).

I hope, I could help you. Please don't hesitate to ask again if you have more questions about this matter (Nachfrage).

Best regards

Manuel Rambeck

Rechtsanwalt

Nachfrage vom Fragesteller 06.12.2012 | 12:48

Thank you very much,

So far yes, he told me twice, at the moment of signing the contract, that this place is just for one person. Yes, right now we are in normal circumstances. I have paid all the months on time, and so far there is not complain from his part. He is having this delicate situation with his wife and I think he is desperate to do something about it. Sadly, I am the one, who is in the middle. So, can I tell him with all the assurance that I can't be not moved out? I want to have a happy holiday and stop this matter as soon as I can.

Thank you again for your help.

Orlando Arzola

Antwort auf die Nachfrage vom Anwalt 06.12.2012 | 12:56

Dear Sir,

yes, you can tell him that you can't be moved out before 28.02.2013.
And even if he wants to do that, he would have to take legal action and can't just throw you out himself.

Best Regards

Manuel Rambeck

FRAGESTELLER 30.12.1899 /5,0
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