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Old 06.02.2019, 09:22
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Replacement Nachmieter offered a different apartment

There's been a few threads on finding a replacement Nachmieter and I'm in this process and have discovered that my agency offered another apartment to someone who applied through me.

Any advice on this matter?

Details:
  • Monday: Potential tenants visit my apartment.
  • Wednesday: Their documents and my letter to inform the landlord that I intend to vacate are sent by registered post and email.
  • Thursday: These people are contacted and offered a different apartment in the same building. I hear nothing back from the agency.
  • Next Wednesday: After sending three more potential tenants I decide to follow up as one informs me they are dropping out. Agency tells me that someone decided to take another apartment. So I text the applicants to find out which one it is, and the guy tells me that he applied through me for my flat, and the agency told them there is a bigger one in the building and offered them it also at a lower price than mine

So anyone got any advice here? I've clearly provided a solvent and available tenant, they were offered a different apartment in the same building as mine and have signed the contract and move in this month.

Would I be off the hook technically for my contract? I'm trying to gather my thoughts before speaking again with the agency because this is just strange!
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Old 06.02.2019, 09:25
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Re: Replacement Nachmieter offered a different apartment

Check with the Mieterverband.


I would say that you should be out but this is just my opinion.
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Old 06.02.2019, 10:08
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Re: Replacement Nachmieter offered a different apartment

I called the Mieterverband and they were very helpful.

She was confident that this means that I am out of my liability and I have an appointment tomorrow for help to draft a letter to send to the agency. It was also nice to hear she was quite shocked.

I also asked if I should discuss the matter directly with the agency first, and she said of course, they might just agree and send you a letter stating you are out of your contract. (Riiiigggghhttt....)

I call the agency and check on the process and state that one of the applicants told me he was moving into the same building. They were immediately defensive and told me a different story than his. Interesting. So looks like I'm keeping my appointment!

I also had the applicant write me a short email stating that he got the apartment by applying through me.

This agency was also super difficult when I moved in so I am not surprised... Fingers crossed I can escape soon!
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Old 06.02.2019, 11:19
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Re: Replacement Nachmieter offered a different apartment

Maybe you can charge then a perpetual 10% agent's fee
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Old 06.02.2019, 12:05
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Re: Replacement Nachmieter offered a different apartment

Well, mentioning the mieterverband in my phone call might have something to do with the fact that they've just offered the flat to someone.

Suddenly they're moving very quickly ... let's see how this pans out.
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Old 06.02.2019, 16:24
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Re: Replacement Nachmieter offered a different apartment

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Would I be off the hook technically for my contract? I'm trying to gather my thoughts before speaking again with the agency because this is just strange!
If they don't let you off the hook you could bill them for your efforts. They can't expect you to do their job for free.
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