Is there anything I can do about this? I paid off the debt a couple days later, now I have a week to evict…
by MrSmileyZ
Is there anything I can do about this? I paid off the debt a couple days later, now I have a week to evict…
by MrSmileyZ
11 comments
Yeah, you could pay your rent when it’s due.
If you paid the outstanding rent the fristlose Kündigung should be off the table. And you don’t have to get out within a week. The fristgerechte Kündigung is still valid. The cancelation period should be in your rental contract.
Looks like you’ve missed payments several times, so the landlord probably has every right to kick you out. You could try talking to them, and if they’re nice they may give you a second chance (which you should not squander again). But they don’t have to.
Call the number provided and ask. If they still insist on evicting you, I can only suggest you get a lawyer as soon as possible. There may actually be a reason this eviction notice could be invalid, but I’m not a lawyer and I don’t want to give you false hope.
Lawyer
Lawyer.
„Fristlos“ doesn’t work here. „Fristgerecht“ maybe.
But it is always worth to get in a lawyer. It might buy time.
I am not a lawyer, just a former landlord, and this is not legal advice. For legal advice, seek contact with a lawyer – this is just how I understand what’s written in the letter and my recommendation based on that.
So, your rental contract is terminated without notice period due to you not having paid your rent for more than two months in a row, or because your total of missed rents is more than a significant percentage of two rents even if the payment shortage spread across several months. This means your contract has been terminated and you have to leave your flat until the 07.03.2024.
If you pay the sum, this may stop the immediate termination without notice period, however, a continuation of the rental contract is clearly not desired. That’s the part with the “stillschweigende Vertragsverlängerung” that is denied – otherwise, if not otherwise stated, the contract could continue as soon as the debt is paid, but they clearly don’t want that.
In addition to the termination without notice period, they also terminated your contract “hilfsweise fristgemäß”. This means they gave you are regular termination with the notice period agreed upon in your rental contract, usually 3 months, as well. This means no matter if you have paid your rent debt or not, your rental contract has been terminated regularly too and will not continue. You most likely have a notice period to the middle or end of April or Mai, depending on when this letter arrived and what the regular notice period in your contract may be.
You also need to keep on paying rent until the end of the notice period, and you should urgently contact them regarding the procedure of the regular termination of your contract and the date by which you have to leave the flat according to this regular termination.
If you do neither pay the debt, do not continue to pay rent until you have to leave, or do not leave, they will sue for eviction procedures with the local court, and you will not only be removed before long, you will also have to cover the court costs, legal fees, rent until you are evicted and any other costs on top of that.
I’d recommend contacting them, and talking about when to move out.
With the payment of the outstanding balance, the terms of the a ”fristgemäße” (ordentliche) Kündigung will apply. So the very short period until eviction is off the table. How long that normal cancellation period is depends on how long you’ve been a renter at this place.
Are they even within their rights to attempt a fristlose Kündigung with less than 2 months of outstanding rental balance? I am not sure if these 2 months should be according to Kaltmiete or Warmmiete.
100% contact the company and ask them how you can make payments, even in Ratenzahlung if you are lacking funds.
explain to them why you were unable to pay and show them receipts if possible.
lawyer up if they are not willing to cooperate because you can not be kicked out in such a short period of time.
having Mietschulden can genuinely threaten your prospects of getting a new place to stay, so take this as a serious warning for the future!
Also always talk about not being able too pay to the landlord or company as early as possible because it can only get better not worse when they know maybe they would have agreed on a delay or some smaller payments until you catch up.
But imagine you going to work 1 month and at the end your employer just doesn’t transfer the money that super bad you thought you get it.
If he would let you know before you could have prepared to not get the money that’s at least a bit better…