Hello everyone,
my girlfriend’s parents were taken aback by these two pages hanged at the main entrance to their building.
From my understanding, the landlord has declared bankruptcy and this is only a copy of the letter that was addressed to them. Is this correct?
Does anyone have a better idea of what this is? I tried looking it up but there simply too many laws and legal jargon for me to understand.
What can they expect from all of this, i.e. impacts on the amenities in the building and so on? The elevator has not been working for a few months already, I expect it will just stay like that then.
Their apartment should still be safe for now though, but I wouldn’t count on it for the long run.
I would appreciate if any of you could shed some light on this.
by xdjocko
6 comments
>and this is only a copy of the letter that was addressed to them. Is this correct?
Yes, as you can see by the URL it’s openly accessible on the internet.
>What can they expect from all of this, i.e. impacts on the amenities in the building and so on?
You just can hope they still payed all this stuff in the Nebenkostenabrechnung regularly like garbage, insurance, heating and so on.
The most important practical aspect is that from now on they mustn’t pay rent or anything else to the bankrupt landlord, but rather to an account designated by the *Insolvenzverwalter*. If the *Insolvenzverwalter* doesn’t send a letter or post a notice before the next rent is due, best call them and inquire.
Okay, so the company who owns the house your friend’s parents are renting a flat in has declared Insolvenz. This is the public announcement of this fact.
Insolvenz is a legal procedure that places a hold on all posessions and financial transactions of that company. The lawyer is named who now takes over all administrative tasks, this is the Insolvenzverwalter mentioned here. He has to protect and examine all holdings of this company, and will now overlook all financial transactions. The company no longer has the power to make independant financial decisions.
The letter announces this and also forbids third parties to pay things directly to the Insolvent party without checking in with that lawyer first so nothing excapes the procedure. In how far that concerns the rent payments is something that needs to be seen.
Normally, you will receive another letter shortly where you will be notified of where your rent payments will go from now on, but normally, nothing changes for your gf’s parents. They as renters are protected by law and the lawyer is tasked to do everything in his power to upkeep the legal requirements that are mandated in your mutual lease agreement. This declaration does not negate the lease agreement and it does not negate the duties your landlord has towards you. They still have to provide everything they agreed to in the contract.
If you are unsure, either write a mail to the email named above or call the lawyers office asking, but as I said, normally he has to notify you next if anything will change for your.
It is a highly inconvenient time for this since Christmas will certainly slow down procedures by a lot, but that lawyer should be able to give you more information.
It means that you shall not pay rent to the landlord anymore. Please find out whom to pay for instead.
You could ensure that the landlord has put your security into a dedicated account. If he failed to do so, the money might have been put onto his normal account, where it is not secure from “Insolvenz” (Which is a crime). Contact the Insolvenzverwalter to ask about this.
So ask if your security is put into a dedicated account.
​
Besides that “nothing should change” – House might be sold but the rental agreement will still hold
Also, even if some other company ends up buying the house, the current rental contract remain valid, including cancellation terms. A potential buyer can not just kick out renters or raise rent as they wish.