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  #161  
Old 19.06.2016, 11:47
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Re: Moving out on a short notice - questions about the process

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I wouldn't. I would get the interested parties, who also wish to have your furniture, to sign a letter you have written stating the date they wish to take over the apartment, their name/ contact details, the agreed rent amount and deposit amount. Make sure you sign date this letter too, make copies and post to the agency via registered post. Make sure you send the agency this info/signed letter from at least 3 interested parties. This is then your proof you have supplied the agency with interested tenants and therefore off the hook.

This is exactly what I have done quite a number of times in the past.

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Cheers. So this would be an addition to the standard application process on their part. I'll create these papers today to have them available to sign.

In the package I got there are the application forms and a form to hand back the flat to the agency. Can I avoid this appointment if my person to take over says he accepts the flat "as is"?

Another question: as I'm now paying double rents in July, can I let in the new tenant earlier with him paying to me "under the table" for the month of July even if his contract would only state 1st Aug as starting date?
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  #162  
Old 19.06.2016, 12:48
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Re: Moving out on a short notice - questions about the process

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Cheers. So this would be an addition to the standard application process on their part. I'll create these papers today to have them available to sign.

In the package I got there are the application forms and a form to hand back the flat to the agency. Can I avoid this appointment if my person to take over says he accepts the flat "as is"?

Another question: as I'm now paying double rents in July, can I let in the new tenant earlier with him paying to me "under the table" for the month of July even if his contract would only state 1st Aug as starting date?
No, it is not your apartment - you have to hand it back to the agency and clean it to a professional standard in order for your full deposit to be returned. This is surely written in your contract, have you read it? If you and the new tenant want to be released from/take over the apartment from July the 1st, tell the agency what is happening and arrange for the new tenants' contract to begin from 1st July. The agency will then do the changeover at the end of this month with you and the new tenant at the apartment. Your job is to have the apartment spick and span for the new tenant, have all final bills paid, damage/repairs fixed/paid for.. if not, costs can be taken out of your deposit.

If I were you I would have a long conversation with the agency/LL and a thorough read of your contact. You can not do an apartment changeover "under the table". Know the rules - all info should be in your contract.
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  #163  
Old 19.06.2016, 12:57
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Re: Moving out on a short notice - questions about the process

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A way to do this would be to collect the completed forms from all the potentially interested tenants, then only forward the ones that say they will take over your furniture. You could even get them to sign a letter stating they will take over the furniture if they are awarded the apartment. I've seen this done more than once.
Yes, and AFAIK it is not legal. As soon as the new tenant has the rental contract, he/she can go to the Mieterverband and claim this is an incorrect contract and refuse to pay for the furniture.
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  #164  
Old 19.06.2016, 14:03
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Re: Moving out on a short notice - questions about the process

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No, it is not your apartment - you have to hand it back to the agency and clean it to a professional standard in order for your full deposit to be returned.
that's the thing... if I don't want to remove the furniture, how do I give back the flat?

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If you and the new tenant want to be released from/take over the apartment from July the 1st, tell the agency what is happening and arrange for the new tenants' contract to begin from 1st July.
Tried this and they were not willing for some reason unknown to me (law says 30 days minimum notice, though). The new tenants would be keen to move in "as is" even accepting all damages, etc.
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  #165  
Old 19.06.2016, 14:08
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Re: Moving out on a short notice - questions about the process

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Yes, and AFAIK it is not legal. As soon as the new tenant has the rental contract, he/she can go to the Mieterverband and claim this is an incorrect contract and refuse to pay for the furniture.
I have friends who managed a takeover in "as is" with most of the furniture kept in the flat, with minor damages, etc. The guy had them sign a paper that they accept the condition as immaculate and they are liable for any damages going forth.

Probably some unwary newcomers, though
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Old 20.06.2016, 23:01
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Re: Moving out on a short notice - questions about the process

sooooo I've got the new tenants accepted (forms in on Saturday, new tenants picked by the agency on Monday 11am!).

The question is, if they do take most of our furniture, then how do we do the handover? Can it be a triage by the agency, them and us, with the flat empty to the set of furniture they are ready to take over (wardrobe and mounted IKEA livingroom cupboards, basically)? Or how do we handle the "non-empty flat for handover" situation?
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Old 21.06.2016, 09:03
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Re: Moving out on a short notice - questions about the process

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Yes, and AFAIK it is not legal. As soon as the new tenant has the rental contract, he/she can go to the Mieterverband and claim this is an incorrect contract and refuse to pay for the furniture.
And your source is?

Two different contracts, buying the furniture is separate from the rent. The mieterverband doesn't deal with ordinary buy/sell contracts.
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