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Cancelling a short-term apartment rental contract

Legalities on doing so before lease start date

Toytown Germany > Discussion forum > Germany-wide > Legal
elle85
Hello all,

2 months ago I looked at an apartment to rent for 3 weeks - the first 3 weeks in september and decided to take it. The immobilien agent faxed me the contract which was in deutsche. I had a german man read me the lease and I signed it. About 3 weeks before I was due to move in, my situation changed and I could no longer rent the apartment. I advised the immobilien agent as soon as I knew (the 3 weeks). As far as I can understand there was nothing about the costs of cancelling the lease prior to the moving in date. The landlord wants the full amount and the agent also wants his commission in full.

In the 3 weeks prior to the supposed moving in date, the agent said he would try and find someone else to rent the apartment by putting the apartment back on his webpage. I searched for it and could not find it anywhere.

I have signed a short term lease previously and the agent who spoke english and german sat both myself and the landlord down and explained everything in the contract, including limitations in regards to cancelling the lease early.

Has anyone else been caught in a similar situation and how did everything end up?

Thanks
pog451
QUOTE (elle85 @ Sep 11 2008, 2:11 pm) *
As far as I can understand there was nothing about the costs of cancelling the lease prior to the moving in date.
The landlord wants the full amount and the agent also wants his commission in full.

Under German rental law a contract that short would have to be specifically for that period and almost certainly cant be cancelled. I would guess that thats almost exactly the wording in the contract you have ("Kündigung ausgeschöossen" or similar)

QUOTE (elle85 @ Sep 11 2008, 2:11 pm) *
In the 3 weeks prior to the supposed moving in date, the agent said he would try and find someone else to rent the apartment by putting the apartment back on his webpage. I searched for it and could not find it anywhere.

There are all sorts of urban legends about "Nachmieter" and who is supposed to look for them to what ends but the fact remains that if you have a valid contract that you dont want to fulfil then its purely out of the goodness of his heart that a landlord would try and find someone else to take it on - If he doesnt, thats your bad luck. He certainly has no obligation to do so.

QUOTE (elle85 @ Sep 11 2008, 2:11 pm) *
I have signed a short term lease previously and the agent who spoke english and german sat both myself and the landlord down and explained everything in the contract, including limitations in regards to cancelling the lease early.

You say you got a German speaker to check it for you - Why didnt you ask them this then? Almost certainly there is nothing about cancellation charges because you cant cancel the contract. Depends on the exact wording of course, but essentially for a three week rental there is no other way of doing it.

andy M
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