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FLat Rent protection law

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FLat Rent protection law
Answer
2/7/09 9:34 PM
Hello,
I had rented a flat in Germany and now my contract has ended. I have decided o move to another flat and the landlord of my previous flat says that I have to stay in the flat for 3 mnths or pay the rent for 3 months. But I do ot agree to this as my contract has ended and so I am free to leave. Is that possible for the landlord to claim money from me legally. I understand that I have to look into details of rental flat protection acts in Germany, but suggetsions will be helpful.
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Re: FLat Rent protection law
Answer
2/8/09 12:36 AM as a reply to Reddy Babu.
If your contract has ended, it shouldn't be a problem to get out of the contract.

You can contact the mieterschutz verein in your area, if you need help.
They help you in solving such issues. You may need to pay initial membership fees.
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Re: FLat Rent protection law
Answer
2/8/09 6:16 PM as a reply to Reddy Babu.
@reddybabu,

check what is written in your contract. If it is fixed term/lease contract such as for 6 months, then you are free to leave. But if it is written that you have to give kundigung/notice in writing then probably your lndlord is right. In this case you cant simply walk out of your flat. He/she can easily recover three month rent or whatever written in your contract. So think and read twice before you get into any kind of letigation.
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Re: FLat Rent protection law
Answer
2/10/09 8:33 PM as a reply to Reddy Babu.
thanks for the replies. My flat is a furnished flat (Mobiliert) and as per my understanding - for such cases the notice period is 1 month as per law if it is not mentioned in the contract specifically. In my house contrat, no such notice period details are written.

Thanks
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Re: FLat Rent protection law
Answer
2/11/09 4:00 PM as a reply to Reddy Babu.
Does anyone know if the notice period can be given on 1st of the quarter or is it counted 90days from the day we give the notice or one should give exactly the end of month before 3 month.
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Re: FLat Rent protection law
Answer
2/11/09 4:34 PM as a reply to Reddy Babu.
Hi;

It is counted on a monthly basis, for 3 months. You can cancel your rent contract effectively by sending an official letter to your contract partner (owner, agency or others) maximum 3rd working day of the month.

"Vor der Mietrechtsreform betrug die reguläre Kündigungsfrist für beide Seiten drei Monate zum Monatsende abzüglich der Karenzzeit ("spätestens am dritten Werktag eines Monats"). Diese Frist verlängerte sich nach einer Mietzeit von 5, 8 bzw. 10 Jahren für den Vermieter auf 6, 9 bzw. 12 Monate. Eine Abweichung von dieser gesetzlichen Regelung zu Lasten des Mieters war ausgeschlossen. Die meisten Formularmietverträge haben daher lediglich den gesetzlichen Wortlaut wiederholt.


http://de.wikipedia.org/wiki/Mietvertrag#K.C3.BCndigung
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