hi, I have been living on rent in a Wohnung in Hamburg for a month, but due to a few reasons it is required for me to change city. I had paid a caution of 2 months rent to my landlord... When I tell the landlord the intention of leaving he says he cant pay a single cent of the caution money, because I cant leave a house in 1 month...and he says it is true according to some German law.Is this true and what is the minimum amount of time that some one MUST stay in a rented appartment...

Well he is right. There is no minimum period of stay while renting but a notice period of 3 months is required before you vacate the house. So dont pay the rent for the next two months and let him deduct from the caution money, which your house owner may not agree to. What is written in your contract, how much time should u inform before you leave the house??

There is nothing in the contract about the minimum time of notice that should be given but it bears some links to § 545 BGB, is that bad, what can be done now?

Thanks

the § 545 BGB has nothing to do or to see with you leaving the appartment.

"§ 545 BGB Stillschweigende Verlängerung des Mietverhältnisses
Setzt der Mieter nach Ablauf der Mietzeit den Gebrauch der Mietsache fort, so verlängert sich das Mietverhältnis auf unbestimmte Zeit, sofern nicht eine Vertragspartei ihren entgegenstehenden Willen innerhalb von zwei Wochen dem anderen Teil erklärt. Die Frist beginnt
1. für den Mieter mit der Fortsetzung des Gebrauchs,
2. für den Vermieter mit dem Zeitpunkt, in dem er von der Fortsetzung Kenntnis erhält."

As said, you normally have a 3 months period notiice to leave an appartment, and I'm quite astonished that you have nothing regarding that in your contract, please check that again.

A solution for you can be to search for someone who will stay there and pay the rent for as long as needed, say 3 months, so that you can give your notice now and let the person stay there for that time.
Or you can even find someone who is willing to take the appartment and then make an official change with your landlord (I don't think he will refuse as the most important for him is not that you live that but that he got money for that appartment).
Or you do a double-housing and deduce it in your tax declarations next year.

I had that problem too when I had to move from Mainz to Berlin, as I had to decide very quick, so I talk with my landlord was enough. But people are all different.

D.

As said, you normally have a 3 months period notiice to leave an appartment, and I'm quite astonished that you have nothing regarding that in your contract, please check that again.
Usually, if nothing is stated all the general rules of a room contract in Germany come into place for example, in the general rule it is 3 months termination announcement

But people are all different.
Most of them are same unless the landlord is far away and busy but he should try his luck.

Hi Nobody,

Please throw more light on the issue of 2nd registration issue. In case I have a 2nd registration, how do I declare it in my tax? Would it be against me or not?

Thanks

Regarding the 2nd registration issue:
you shouldn't deregister (abmelden) at your current location). On your new location you should register as the 2nd residence location (zweiter Wohnsitz). Then you you can deduce from your tax next year the cost of the second residence location (for three months). If you are not so familiar with it, contact your tax advisor (Steuerberater).

But there is other option too. As the previous posts say it depends on the flat owner, and maybe you will have to argue with her/him. I have used this option, but I cannot back it up with laws now (try to find it on Internet). If the reason for relocation is the new job, change in family (new child or something) or health reason, the cancellation period can be shorter then 3 months, but you have to propose the new meiter (at least three) to your flat owner. And that shouldn't be so hard if the apartment is it the big city.

Good luck!