Is the tenant moving out earlier? What to do
Von Christine Kandler
Tenants who rent an apartment on a temporary basis want to be flexible - the majority move to Berlin to work, and until they find their own accommodation, they live in a furnished temporary apartment. History shows that the search for an apartment with an unlimited lease takes longer than originally planned. Therefore, about 75% of all tenants extend their lease. In rare cases, however, some want to move out of their furnished apartment before the end of the rental period.
Can the tenant terminate the rental agreement early?
Although terminating is not actually legally possible, as a landlord it is worth considering whether it is better to insist that the tenant stay in the apartment until the end of the contract if they would like to move out. They may have fair reasons for needing to move out earlier than planned, such as;
- Loss of job
- Transfer to another city
- Returning home
- Illness or other unexpcted circumstances
Landlords should consider whether it makes more sense to be accommodating to the tenant in such a situation, even in the case that a tenant finds their own apartment earlier than expected.
What do landlords have to pay attention to when releasing tenants from the agreement early?
If your tenant would like to move out earlier, you should contact your agency and ask them to relist your apartment. You are on the safe side if you do not initially set a termination date with your tenant, but come to a new agreement that the rent be paid until a new tenant (whom you accept) is found.
Why does it make sense (under certain circumstances) not to insist on sticking to the original contract?
No financial disadvantage when subletting through the same rental agency
If your tenant moves out earlier than expected, any reputable temporary housing agency will look for a replacement tenant. Of course you do not have to accept every tenant, but if the tenant meets your requirements, nothing should stand in the way. Most agencies will not charge you twice if the tenant moves out earlier. However, if you sublet the apartment through another agency, you will pay twice. As a landlord, you should face no financial disadvantages if your previous agency is looking for a new tenant.
A good understanding with your tenant means no nasty surprises
Our tip for all landlords of a temporary apartment: talk to your tenant, and most often you will find a fair solution for both sides. It is always unpleasant when a previously good tenancy goes sour, and escalates to the point of lawyers and lawsuits. As the landlord, this is also the best way to avoid unpleasant surprises, such as the absence of the deposit, or a possible subletting.
How should you reach an agreement?
Demand rent payment until the new tenant moves in
Until the apartment is rented again, the old tenant should continue to pay the rent, or arrange for the overpaid rent to be refunded.
The tenant must inform the landlord and the agency a final date when he will move out.
Under no circumstances should you agree with the tenant that they have the freedom to stay in the apartment until the new tenant is found.
Confirm the exact date when the apartment is available again for your agency
Never rely on the promise that they will move out immediately once a new landlord is found. If you sign a tenancy agreement with a new tenant from a certain date and your tenant has not yet vacated the apartment, you will have to replace the new tenant. This can also become problematic as if you have not yet signed a contract, there is a good chance that the new tenant will cancel - if they are looking for an apartment immediately, they can't wait long.
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