─ Good afternoon, favorite newspaper MK Germany!
I have big problems with my apartment. I understand that the contract must be terminated in advance, three months in advance. But maybe in my case it is not so? I have been renting an apartment since March 2017 with a German couple. She always paid for the apartment on time, there were never any problems either with neighbors or with the owners. But … the apartment is very cold. I wrote to both the owner and the service company. They came, repaired, let air out of the batteries, it got a little better. However, this winter the battery in the large room and in the nursery is not working at all. The owners called the service, but they could not do anything. The owner promised to inform what will happen next. But more than a month has passed, and there is still no answer.
We have a pandemic. Winter. The child studies at home. Sits in a jacket. We sleep in sleeping bags. The apartment warms up to a maximum of 16 degrees. We bought heaters that consume electricity. Now mold has begun to appear in the nursery (we do not ventilate, as it is very cold). In a word, I want to urgently look for another apartment. The situation is really critical. Do I have to wait three months in this case too? On the other hand, I don’t want to write a termination of the contract. And if I don’t find
housing? How to proceed?
Natalia M., Aschaffenburg.
─ Dear Natalia!
As with all tenants, you are subject to a three-month term for cancellation according to the general rules (ordentliche Kündigung) if you have entered into an open-ended contract. However, these rules, like any others, have exceptions. Early departure is possible if you, as an employer, have grounds for an indefinite termination of the contract (außerordentliche / fristlose Kündigung). The grounds for indefinite termination of the contract are specified in §§ 543, 569 of the German Civil Code. In your case, there are grounds for an indefinite termination of the contract – the inability of the landlord to provide the necessary living conditions, as well as the fact that further living in this apartment is associated with serious consequences for your health and the health of the child. Thus, you do not need to wait for the expiration of a three-month period.
In accordance with § 568 Abs. 1 of the German Civil Code, the contract must be terminated in writing. Here you should pay attention to the fact that if you send a letter to the landlord with an application for termination of the contract, you bear the burden of proof that he received the letter. In this case, it is recommended to send a registered letter with notification.
As for the fear of being homeless, you should intensively look for another apartment and negotiate a lease agreement. Once you agree on everything, you can terminate your current contract indefinitely.
This answer is for informational purposes only and cannot replace full legal advice. The authors are not responsible for any damage resulting from the use of this material. This does not apply if the damage was caused intentionally or by gross negligence.
Lawyers Irina GERMAN and Maxim BRITANOV,
Law Office Fabrika Prava
Britanow & Dr… Hirsch
Tel .: +49 (0) 69 26 49 22420
