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Old 07.11.2014, 13:35
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Samaire13 Samaire13 is offline
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Re: Notice period for apartment [Kundigungsfrist]: moving out before the 3 months not

Quote:
Actually mine is quite a peculiar situation: I was on a "sub-rental" agreement (Untermietvertrag) with the Hauptmiter (the "main tenant"). I used to pay him an amount and he used to pay the owner; the difference was intended for use of his (maint tentant's) furniture. Of course the owner knew about it.

Then the main tenant decided to step down from the sub-rental agreement, he noticed me at the beginning of October, and asked for a meeting with me and the owner that occurred some 20 days later, still within the month, in order to make me sign the new rental agreement with the owner. At the meeting the owner asked me for my personal data when the main tenant was not yet there. I gave my data, and then he asked me "When do you want to start? 1st of November?", and I said "OK".

Then the main tenant arrived and said that the contract with me and the owner was a question between me and him, and he didn't want to get involved. At the same time, I agreed with him to pay an amount for his furniture and that I would transfer the amount asap, which I did. He didn't object.

Now the former main tenant realized that the start of my new rental contract is 1st of November, and he is complaining that I didn't respect the Termination Notice period. I find it totally balooney, as he was here when I signed the contract and explicitly said he didn't want to get involved in that, and never explicitly mentioned when the new contract was starting.
That's not the landlord's/agency's/owner problem, but yours. You have an dispute with the tenant and there was a misunderstanding between you two, so you need to find agreement with him.
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