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Old 26.01.2021, 18:29
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Three months notice but cannot look for next tenant due to refurbishment

Hi,

Our verwaltung has told us that there's no need to look for a replacement since the apartment will be refurbished after we leave (Sanierung, whatever that is exactly).

This puts us in an awkward position as we have only given 6 weeks notice but were counting on finding a tenant to take over the apartment, which shouldn't be hard. This is specified in the contract as such, i.e. 3 months or next tenant.

However, the decision of refurbishing prevents us from doing so and we will presumably (pending confirmation) have to pay for the full 3 month rent due to a decision that is not in our hands.

Question is: are we wrong to think we are being treated unfairly? can we dispute this? if so, how?
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Old 26.01.2021, 18:34
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Re: Three months notice but cannot look for next tenant due to refurbishment

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Hi,

Our verwaltung has told us that there's no need to look for a replacement since the apartment will be refurbished after we leave (Sanierung, whatever that is exactly).

This puts us in an awkward position as we have only given 6 weeks notice but were counting on finding a tenant to take over the apartment, which shouldn't be hard. This is specified in the contract as such, i.e. 3 months or next tenant.

However, the decision of refurbishing prevents us from doing so and we will presumably (pending confirmation) have to pay for the full 3 month rent due to a decision that is not in our hands.

Question is: are we wrong to think we are being treated unfairly? can we dispute this? if so, how?
I suspect they will let you out slightly early for the refurbishment, they probably need a couple of weeks tp refurbish depending on what needs doing. If you find a Tennant ready to take over as it is, then they can't refurbish, no doubt they want to increase the rent so will be 'helpful'
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Old 26.01.2021, 19:07
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Re: Three months notice but cannot look for next tenant due to refurbishment

I also think they are letting you off the hook and allowing you to give 6 weeks notice instead of 3 months. Maybe you should clarify with the Verwaltung?
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Old 26.01.2021, 19:49
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Re: Three months notice but cannot look for next tenant due to refurbishment

If you gave them six weeks notice but told them you would find a replacement tenant, then they have no choice but to accept that according to the law.

Of course they can't sign a contract with a new tenant for six weeks and then kick them out to refurbish, but that is their problem not yours.

You should ask them (in writing) to confirm explicitly (in writing) that you don't have to find a new tenant after six weeks due to the planned refurbishment.
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Old 26.01.2021, 21:05
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Re: Three months notice but cannot look for next tenant due to refurbishment

Thanks for your replies. I've trying to contact the verwaltung for a couple of days now, to no avail. But I'll keep trying.

We haven't found tenants yet, we were going to start the search now, and the verwaltung have a site where applicants should post their applications. This is when they said "no need" and thus where my alarm bells started ringing.

Seems the consensus is that I should be allowed to look for tenants and if they block that, is their responsibility and thus I should not be liable for the 3 months.
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Old 26.01.2021, 21:21
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Re: Three months notice but cannot look for next tenant due to refurbishment

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Thanks for your replies. I've trying to contact the verwaltung for a couple of days now, to no avail. But I'll keep trying.

We haven't found tenants yet, we were going to start the search now, and the verwaltung have a site where applicants should post their applications. This is when they said "no need" and thus where my alarm bells started ringing.

Seems the consensus is that I should be allowed to look for tenants and if they block that, is their responsibility and thus I should not be liable for the 3 months.
Are you sure they just donít mean that theyíll let you off finding new tenants, as they donít want any right now? Have they said they are holding you to the 3 months?
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Old 26.01.2021, 21:56
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Re: Three months notice but cannot look for next tenant due to refurbishment

Usually, if you are required to find a replacement tenant, you only need to find one person who will sign a lease with the same rent and conditions that you had.

So if the owner plans to refurbish/renovate so as to increase the rent, then it is no longer your responsibility to find the replacement tenant because the new lease will have a different rent.

It sounds like the Verwaltung needs to be more clear about what obligations you have now, if any. Have them confirm in writing that your lease will terminate in 6 weeks and that you do not have any obligations to find a replacement tenant.

Something similar happened to us a few years ago, except the owner didn't want to renovate - he just simply wanted to increase the rent!

Last edited by cremebrulee; 26.01.2021 at 22:04. Reason: more info
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Old 26.01.2021, 22:19
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Re: Three months notice but cannot look for next tenant due to refurbishment

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Are you sure they just donít mean that theyíll let you off finding new tenants, as they donít want any right now? Have they said they are holding you to the 3 months?
They have been extremely unclear and vague. They said they'd phoned me to clarify any questions I would have but it hasn't happened. I phoned them and it rings for 10 minutes, no answer.

I opened this thread to contemplate options in case I have to fight them on this.
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Old 27.01.2021, 14:03
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Re: Three months notice but cannot look for next tenant due to refurbishment

Send them a registered letter stating that you've given six weeks notice, would have found a tenant to comply with the contract but have been informed this is unnecessary due to planned updates therefore you understand that the contract and therefore obligation to pay rent will end in six weeks time.
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