QUOTE (ShellDan @ Aug 2 2008, 5:20 pm)

Hi,
I have been living in my apartment for 3 months now. The initial pre-contract was for 2 months only and has since lapsed. My landlord is in the process of drawing up another more long-term one. This is taking her alot longer than I thought. As it is nearly 6 weeks since I asked her for it and I have reminded her several times I am beginning to think that something isn't quite right. How much notice do I have to give her before I move out and of course how much notice does she have to give me given that there isn't a current contract? Can she throw me out without a word once I come to the end of the month?? Any info would be greatly appreciated.
Im not quite sure of the timing here - You say you had a temporary contract for two months which has lapsed and that was 6 weeks ago? Are you still paying rent? If you are still paying rent and are just waiting for the written contract, everything is fine. If you stopped paying rent when the temporary contract ran out, I would start paying it again ASAP.
Essentially, under German law, if you had a temporary contract and it ran out, thats it. If you stay in the flat and especially if you continue to pay rent, then you probably have an implied contract and dont really need the written one. The cancellation of such a contract for living space is not quite, but almost, imposiblöe for the landlord. By law its 3 months notice, but in practice the hurdles are so high that a landlord has a hard time getting rid of tenants at all. You have to give three months notice too though.
andy M