Hi everyone,
I am renting a room in a WG with the landlord since January 2024. We have a one month notice period in the contract. As I am already travelling for a couple of month from the 21st of April, I submitted my notice on time and we agreed in writing that the contract would end on the 21st of April and that I would pay a reduced amount of rent for the 21 days I am staying in April.
The contract states that the rent must be on the last day of the previous month. For the month April, I have made the transfer as usual on the last day of the month (31st of March), however due to some technical issue at the bank, the money arrived today (2nd of April). Last night (1st of April) l, the landlord sent me an email that I violated the contract and that he will take two days rent from the deposit and I have to move out today (2nd of April). I responded to his email clarifying the situation and I sent a screenshot of the transaction details and that the payment was made on the last days and there's just an unusual delay from the bank. He basically replied that he doesn't care and that I violated the contract and that I should have paid in cash or made the transfer earlier. And that he would send me the rent money back.
According to my bank, the transfer should arrive today. What should I do now? Do I really need to move out today, what's the best course of action? And how can I make sure that he doesn't come up with some excuses to keep the deposit? We didn't do an official room assessment in the beginning, but I took some pictures of the wall scratchs, etc.. on the day I moved in which is not enough probably!
This is a really busy period for me and I really do not want any hassle with this and don't want to end up paying alot of money on lawyers for this either! Attached is the termination section of the contract.
Thanks in advance for the advice.
by Warm_Discipline3553
19 comments
Violated contract or not, you can’t be kicked out with hours notice. Even if you didn’t even send the money at all – let alone if there was a day or two delay in receiving funds due to holidays and weekend.
Look up the local Mieterverein and ask them for help. Also make sure to become a member if you already haven’t.
If your landlord tries to kick you out by taking your stuff or similar you’re free to call the police.
Even if someone doesn’t pay rent *at all*, that isn’t sufficient reason for being evicted that same day. Eviction takes at least two months of non-payment.
But crucially: You *did* pay your rent on time. The law says that the money needs to be in the landlord’s account on the third working day of the month. This month, that would be the 4th. It’s normal to have your bank transfer set up for the 1st, and for the money to arrive on the first working day after that if that’s a Sunday or holiday.
Do *not* move out. Talk to the Mieterbund in your location.
If he tries anything just call the police and explain the situation
I think:
A Kündigung needs to be a letter. An Email is not enough.
The rent is due on the 3rd of the month (BGB). (the day you send it, not the day it arrives)
He can only give you a fristlose Kündigung, if you havent paid your rent for two months.
Yesterday was a holiday. It was not possible for you to pay the rent on April 1st. Today is the first bank working day of the month. It is perfectly fine that the rent is paid today.
I wonder if he has a tenant ready to move in now, so he can collect double rent for 3 weeks
The max he can suggest for a late payment of rent (which is not the case here imo) can be charging a late fee but definitely cannot be kicking you out in under 24 hours notice and via email.
Cease direct contact after mentioning that you’ve contacted a lawyer and he will contact him. Call the police if he/she harasses you further.
Any chance that it was a terrible April Fool’s joke?
That’s all nonsense what your landlord tells you. Before you get a lawyer. There is the Mieterverein or Mieterschutzbund. If you joining them for a small fee, there are give you advice how to proceed.
Btw there where no technical issues with the bank. The 1 April was a bank holiday your bank and also his bank didn’t work. What did he expect? He just try to squeeze money out of you, because you are leaving. Maybe he is mad that he has to search for a new tenant after 4 Month.
You can’t be evicted like this in Germany, so you have time to plan your exit
Others have told you that this is hogwash.
I want to add, however: If he forcefully tries to actually put you on the street, threatens you or similar things you can and should call the emergency line of the police. They will set him straight.
Unfortunately, I had to do this myself once. It is a completely nerve-wracking experience, but you will be helped.
are those locks the original ones? yes? change them asap. it’s really easy and will prevent them from messing with your stuff
Banks don’t process payments during Easter. Your landlord knows that.
You did not violate anything. It was just a holiday, the 31st was Ostersonntag (a Sunday anyway) and then the 1st was Ostermontag. And even before that, it was Karfreitag on the 29th, which is also a holiday. Your landlord should know that. You cannot be thrown out for this, the law is 100% on your side. Call the police if he takes your key from you or puts your stuff outside or anything like that. And for sure go to your Mieterverein, it’s fine if you’re not a member yet, you can become one and they will help you on the spot. Just talk to them and explain the situation, they know how to handle things like this.
As long as there is no written letter of termination with the specified 4 weeks then you are not kicked out anyway.
Furthermore, rent being a few days rent does not mean he can kick you out immeadiatly.
Stay cool. If you can and want to move out within 4 weeks just tell him to send you the kündigung via mail and thats that.
🤣🤣 your landlord is an idiot. If he tried to revive you just call the police.
Worked in a Bank for 20+ years. Absolutely normal (not Only in Germany), as we had Bank holiday. On these days there are no transactions. Just stay in this appartement – He can’t kick you out. 👍🏼
I am not quite sure if this paragraph is legal. And even if: you don’t have to leave within a few days.
If you study in Germany, ask your local AStA, they offer legal advice. 👍🏼
And in the end… You’re happy to leave this flat! 🤗
Perhaps you can also ask in r/LegaladviceGerman
By law rent is to be paid no later than the 3rd working day of the week…
His contract contradicts the law