Rental contract terms in Germany

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Nixon
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Rental contract terms in Germany

Post by Nixon »

Hello,

What is the length of the contract for renting an apartment in Germany?
In the US you sign a contract on a year, or a bit rarely 2 years with tenants, is that forbidden in Germany?
Can I tell my tenant after a year or two that I need my apartment back for my use or tell him that I want to rent it out to somebody else?
I know that through Mr. Lodge (an example) you can rent it with a 3 months long term, and new tenant would be in after that, but is that doable with no a rental property company?

Thanks,
Nixon.
Escafusa
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Re: Rental contract terms in Germany

Post by Escafusa »

Nixon wrote: Tue Mar 26, 2024 9:54 pmWhat is the length of the contract for renting an apartment in Germany?
There is no standard length. Either you set a limited time, because you know you want it back for a specific future date - it may be harder to find a tenant like that as it means the person in question also has to move twice.
Or you set an open-ended contract that only ends if one of the parties gives notice/cancels in writing.
Nixon wrote: Tue Mar 26, 2024 9:54 pm Can I tell my tenant after a year or two that I need my apartment back for my use or tell him that I want to rent it out to somebody else?
Yes, you can give notice on an open-ended contract and tell the tenant you want it back for your own use or because you need it for a named close family member - that is perfectly acceptable. But I don't think that just because you want to rent it out to a friend, acquaintance (or simply someone new) will be deemed a valid reason for your cancellation of their contract to be acceptable. The tenant is protected by law against that sort of thing.
murphaph
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Re: Rental contract terms in Germany

Post by murphaph »

Google Eigenbedarf. That's when you claim the need to use the apartment yourself or for a close family member. It won't fly if you claim Eigenbedarf but already have a suitable apartment in the area so it's not Carte Blanche to do what you like with sitting tenants. If you let the apartment for a limited time you must specify the reason why the apartment will not be suitable for the tenant after date x and you can't say "because I want to paint the place". It must be something that will make the apartment genuinely unusable, like a complete renovation and you may be asked to prove that this was carried out!
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Re: Rental contract terms in Germany

Post by Fraufruit »

I've heard of cases where the owner has to pay moving expenses, etc. to get someone out.
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Re: Rental contract terms in Germany

Post by Nixon »

Thanks all.
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