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Old 19.03.2015, 22:59
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Taking over an existing rental contract

I am interested in an apartment that has a rental contract that expires in July 2016. I would therefore be taking the place of the current tenants. I am ok with all the terms of the contract, except a clause that states that the contract is renewable every 5 years. This is too long, in my opinion. I would like to take the contract until July 2016, and then negotiate with the owner, but I have been told that on taking over the contract, I have to accept all the conditions, including the 5 year renewal, and therefore, i am bound by this clause, even after July 2016. This does not really make sense to me, since the current tenants have renounced the contract, and therefore, in my opinion, the contract ends on that date of July 2016. Can anyone help?
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Old 19.03.2015, 23:27
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Re: Taking over an existing rental contract

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I am interested in an apartment that has a rental contract that expires in July 2016. I would therefore be taking the place of the current tenants. I am ok with all the terms of the contract, except a clause that states that the contract is renewable every 5 years. This is too long, in my opinion. I would like to take the contract until July 2016, and then negotiate with the owner, but I have been told that on taking over the contract, I have to accept all the conditions, including the 5 year renewal, and therefore, i am bound by this clause, even after July 2016. This does not really make sense to me, since the current tenants have renounced the contract, and therefore, in my opinion, the contract ends on that date of July 2016. Can anyone help?
They haven't renounced the contract, they are liable for it until it expires (if it has a fixed term), the next notice period, or they get a nachmieter which releases them from the contract but only because someone else take it on. You are their nachmieter, so you take the apartment on on the same terms and conditions. So when you leave you, do exactly the same thing.
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Old 20.03.2015, 13:40
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Re: Taking over an existing rental contract

Even with a 5 year renewal clause, you should be able to get out before the 5 years are up if you need to. As Papa Goose says, you will just have to find a Nachmieter. Legally, you are only required to find 3 relevant potential renters who agree (ideally, in writing) that they will take over your contract. If you speak German, I can recommend becoming a member of the Mieterverein, they are great in advising on things like this.
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Old 20.03.2015, 16:36
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Re: Taking over an existing rental contract

5 years seems unusually long but all you need to do is find a new tenant before you move out and your contract ends (once your landlord agrees with new tenant, and contact is signed).

I moved out of my first apartment after 5 months (1 year contract) by finding another tenant to take over.

If you're taking over a contract I guess it's not possible to renegotiate with the landlord but you can try.
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Old 01.04.2015, 21:23
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Re: Taking over an existing rental contract

I have the end date of just March and September in my contract. Does it mean that i cant give any notice period and move out?
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