# Landlord Issue



## mtlve (Oct 3, 2013)

I recently found a flat and a roommate a few months ago. I do not speak German. I was told that if my roommate left, I would have to move out. She was the main person on the lease, but I still had to give a security deposit and such. The landlord speaks no English. 

Now my roommate has decided the flat is too expensive and is moving. I now supposedly have to move out. Are there any laws that protect me in this situation or something? I have a stable income and a few year contract, so the main issue is that I do not speak German and the landlord wants to raise rent more than he legally can under the contract I think. Ideally I would like to stay and find a new german-speaking roommate

I was given around 1month notice. From my understanding, notices are usually 3months though. My roommate and the main person on the lease plans to leave in a month though. Should I legally be given more of a notice?


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## thegypsyinme (Jan 17, 2014)

Hi mtlve,

I lived in Germany with my family for many years in a property we bought. However, after our return to the UK my husband was offered a contract in the Stuttgart area which he took. He found a flat, paid the deposit, he was there for 18 months. He was mostly there Mon-Fri only as he would either be back in the UK or weekends away. He doesn't smoke, is generally a tidy person and respects other people's property. When my husband mentioned to the owner about the refund of his deposit the owner said there would not be one as he had to paint the place ready for the next lodger (as if!) I'd been to the place myself several times and it was fine. Before his departure my husband had a few drinks with friends, went back to his flat and in a merry state, he then went round the door frames, light switches, sockets and skirting boards and smeared all these areas with cooking oil :evil:, not quite visible to the eye but after a few months the dust would be very noticeable. He knew he wasn't going to get his deposit back so he made sure that the owner was going to have to use the money on decorating!

https://www.devk.de/rechtsschutz/vermieter.html

The above is a link for protection for people renting property. Put it in google translate. Hope this may be helpful to you


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## vronchen (Jan 26, 2012)

Do you rent a furnished or unfurnished room? 

If you can stay in the apartment it would be under a new contract (since there is no contract between you and the landlord, only you and the main person on the lease), and I think for a new
contract the rent can be increased.


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## mtlve (Oct 3, 2013)

vronchen said:


> Do you rent a furnished or unfurnished room?
> 
> If you can stay in the apartment it would be under a new contract (since there is no contract between you and the landlord, only you and the main person on the lease), and I think for a new
> contract the rent can be increased.


I purchased furniture from the previous tenant

My roommate was the primary person on the contract, but I did meet the landlord and sign paperwork too. We signed something that released the prior tenant. We signed another thing agreeing to pay rent, deposits,etc. My name was on that document. The agreement was not between me and my roommate. It was the landlord and both my roommate and I on the paperwork. I do not believe that she signed anything extra from what I signed either (besides releasing the old tenant).

Increasing rent is not really the issue either. The issue is that he wants to evict me now that the roommate is leaving and is giving a month notice only to me.


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## beppi (Jun 10, 2013)

You really have to find out (if need be with the help of a lawyer who reads the rental contract) if you are a co-tenant (i.e. you have a valid rental contract with the landlord) or a sub-tenant (i.e. you have a contract only with the roommate).
If you are co-tenant and have not terminated (or received a termination for) the rental contract, it continues to be valid and you can stay on by paying the full rent. (Terminations are only valid in writing and with minimum 3 month notice.)
If you are sub-tenant, you have no right to stay on, unless the landlord agrees (you cannot force him). So you will have to move out, or accept the landlord's conditions. If the roommate gave you too short notice, you can sue her (but not the flat owner, with whom you have no legal relationship) for damages and expenses like temporary (hotel) accommodation until you find another place to stay.


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