Cancelling a rental contract for an apartment

I have had a rental contract for the last 18 months and wish to cancel but my contract does not state any notice period which should be given.
The contract does not end until September. I have been told that a minimum 4 weeks notice is manadatory with furnished places as is mine.
Can anyone help me in this predicament.

Merci

Are you through an agency, if so which one, or direct with the landlord?

Normally you have to give 3 months notice but if you find a suitable tenant during the notice period it can be reduced accordingly...

The contract is with Landlord but the apartment was found through an agency.

3 Months. Standard timings. Unless the contract says anything different

Wouldn't the easiest thing be to ask the landlord what the notice period is? If he says anything over 3 months then you can argue it. Otherwise just give your notice in writing and then perhaps try to find someone to take the place over as soon as possible. Obviously clear this with the landlord as well.

Should this not be clarified in the contract as it is not mentioned and was an oversight on my behalf. Is the consumer not protected equally. The one thing in my favour is I never signed the contract extension when the last lease ran out.

Fine, but nothing you read here is of any use at all until you find out where the landlord stands on the subject. If it's not explicitly written in your contract and you didn't sign the extension then you absolutely must ask him what his intentions are. He might demand a three month notice, he might say you can go tomorrow if you want. Until you know what he wants I don't see how anyone can give you specific advice. There is no predicament since you don't know yet if there is a problem at all.

Not necessarily. AFAIK the rule is (and not only in Germany) that unless the agreement provides otherwise, standard provisions apply.

if a notice period is not stated explicitly in the contract, the legal minimum period is applicable, which, as has already been stated, is 3 months. Should you wish TRY and get away with less, do as Keydeck suggested, you may be lucky. The landlord has the legal right to insist on 3 months, though.

I understand your thinking, but I don't think that's how it works here. Just because you have not signed an extension, does not mean you are not bound to standard terms. It is not that uncommon for renters to stay beyond contract terms without extensions, sometimes for many years. At least the rent doesn't go up that way. And yes, you and the landlord are equally protected by the 3 month requirement. It would not be equal if you had to give only 1 month, but he could not get rid of you in less than 3.


If the there is a Provision (agent fee), then there is a higher chance you will be on the hook for the entire 3 months, if you rely on the agent to find the person. It is my understanding that you have a right to present prospective tenants to the landlord. He/she can reject up to two or three people, or something like that for good reason (or maybe no reason). If you're really in a pinch and the landlord is no help, you should advertise the apartment here, of course, and maybe even consider paid classifieds. (search TT for much, much more on this topic)

Unless your landlord has already proven to be incredibly difficult to deal with, go to him first and try to work it out. If you're the victim of circumstances beyond your control -- something more than getting dumped or just wanting to move -- explain the details in a non-emotional way.

Expect trouble! I thought by renting from a company rather than a private landlord, I would have less hastle. I was wrong!

I agreed with my landlord that I would leave with 1 months notice, and have my apartment professionally redecorated before i left. I kept up my end of the deal, and handed back the keys. It was only when i asked about getting my deposit back, that the following things happened:

The landlord denied any agreement had been reached, and is now demanding an extra 2 months rent before he will return my deposit. (As he has only just brought this up, I don't even have the option of finding a Nachmieter).

The landlord has decided, after the final inspection, that i need to have more redecorating done & he will take this out of my deposit aswell.

As I stupidly didn't get him to confirm our agreement in writing (I should have known better but with the upheaval of moving, i forgot) i know he has me over a barrel & there is nothing I can legally do. Although the temptation is to just turn up when he leaves work with a baseball bat & have a chat with him, as this is not a very good idea I just have to console myself with making sure as many people as possible know that they are a company to avoid.

(BTW, if anyone is considering renting an apartment with HDP Management based on Voltastrasse in Frankfurt, my advice is don't go near them.)

Send your landlord a letter as soon as possible to tell him that you are giving notice, but don't tell him when.
This covers your ass for the statutory 3 CLEAR months notice period (i.e. you hand in notice in June, you can leave end September with no 'penalties' for leaving early.

As you didn't tell him when, he will assume end September. If you need to leave earlier, send him a 2nd letter with your proposed earlier leaving date and ask him if it is OK. If not, then you still have the chance to find a Nachmieter to take over your place before the end of September. In any case, even with a NAchmieter, it can be tricky as the Landlord often wants you to pay him and the Nachmieter then to re-imburse you for the 'overlap'...so now you have 3 people involved in the chicanery...

Hi All,

I signed a 12 month contract that ends May 31, 09. I have now been told by work I am being transferred in 6 weeks. My rental contract says no early cancellation period allowed. Is giving 3 months notice legal in this case or am I really stuck? I don't want to screw landlord but also don't want to lose my job. Any advice would be appreciated.

Thanks,
J

yes, you're stuck. Contracts with fixed terms up to 3 years cannot be terminated unless both parties agree. Contracts with a fixed period of 6+ months are basically the worst thing you can end up with, it's the easiest way to get rid of a tenant in Germany.

so you should try to simply ask your landlord if it's possible to terminate the contract early if you look for a new tenant yourself. He might agree to that.

If that doesn't work you should go to the Mieterverein, maybe your contract is not perfectly legal:

If you find a new tenant as your replacement you would not be cancelling the contract, this tenant would enter the contract with all rights and obligations. Put down any agreements (deposit, furniture takeover, refurbishing) in writing.

1) Join the Mieterverein. They might pull a hardship clause out of their sleeve stating that your lease is work-related.
2) Speak to the landlord explaining the situation, mostly that the decision was not yours.
3) Ask the landlord for a constructive suggestion.
4) Expect blank silence.
5) Contact your employer explaning the situation and ask if they might enter the contract for any replacement they will hire in your stead or any other employee needing a place to stay.