# Staying in my current flat beyond contract



## TP94

Hi everyone, I've been living in my current flat in Berlin since February 2020 which I share with one roommate. On the contract I was given and had to sign in order to move in, it is written that I am technically allowed to live in my current flat for three years so until February 2023 but it's not really specified what happens afterwards and whether or not I can somehow stay beyond 2023 which is coming thick and fast. I guess my landlord's argument is that he wants to give someone else the chance to have my room after three years but I know my roommate will most likely move out at some point in the next 6 months so her room would be free and several other of his flats in the apartment building have largely remained unoccupied since I moved in. My landlord has his own company (Bau und Grundstucksgesellschaft) and rents out several flats in Berlin beside mine including other flats in my apartment building. I am for the most part really satisfied with my living environment and can already see myself staying in this flat for the foreseeable future.

Do you think it would be possible to me to eventually ask my landlord if there is a way for me to stay beyond February 2023? What does German law say about it? Do you think they would help me find other flats through the company as an alternative?

Many thanks in advance!


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## *Sunshine*

TP94 said:


> Hi everyone, I've been living in my current flat in Berlin since February 2020 which I share with one roommate. On the contract I was given and had to sign in order to move in, it is written that I am technically allowed to live in my current flat for three years so until February 2023 but it's not really specified what happens afterwards


What is the reason for the fixed-term rental given in your lease? Is the apartment furnished?

Generally fixed-term rental agreements are only legal in Germany under certain very specific circumstances. 

You should join the Mieterverein ASAP and let them take a look at your lease.


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## TP94

*Sunshine* said:


> What is the reason for the fixed-term rental given in your lease? Is the apartment furnished?
> 
> Generally fixed-term rental agreements are only legal in Germany under certain very specific circumstances.
> 
> You should join the Mieterverein ASAP and let them take a look at your lease.


I would have to check again and see what's written and yes the apartment is furnished so I didn't pay for any of the furniture. Basically my contract is automatically extended every 6 months unless I put an end to it by requesting to leave or something. I don't want to move too fast at this point but would also prefer to have a solid plan B come 2023. I pay the same amount each month and it hasn't changed since. Should I be informed that I cannot stay beyond 2023 under any circumstance then I would inform the Mieterverein.


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## *Sunshine*

TP94 said:


> I don't want to move too fast at this point but would also prefer to have a solid plan B come 2023. I pay the same amount each month and it hasn't changed since. Should I be informed that I cannot stay beyond 2023 under any circumstance then I would inform the Mieterverein.


Now would be a good time to join the Mieterverein. If you wait too long the Mieterverein will not cover the legal costs associated with an ongoing issue.


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## TP94

*Sunshine* said:


> Now would be a good time to join the Mieterverein. If you wait too long the Mieterverein will not cover the legal costs associated with an ongoing issue.


What legal costs though? I'm not intending to sue anyone, I have no reason to. If I can't stay beyond 2023 in my current flat, I'll just find another flat. The only way in which I could contact the Mieterverein is if I can't find anything when I start looking in a year from now or so. It's not like I don't have any other options lined up if I wanted to move now for instance, it's just that my personal preference would be to stay in my current flat beyond the 3 year period and I need to find out if that's possible or not.


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## Nononymous

TP94 said:


> What legal costs though? I'm not intending to sue anyone, I have no reason to. If I can't stay beyond 2023 in my current flat, I'll just find another flat. The only way in which I could contact the Mieterverein is if I can't find anything when I start looking in a year from now or so. It's not like I don't have any other options lined up if I wanted to move now for instance, it's just that my personal preference would be to stay in my current flat beyond the 3 year period and I need to find out if that's possible or not.


Have you actually spoken to your landlord? Seems to me that asking them would be the logical first step.


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## TP94

Nononymous said:


> Have you actually spoken to your landlord? Seems to me that asking them would be the logical first step.


I plan to ask him (well his company essentially) eventually but not right away because it's way too early to be talking about that, I feel.


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## Nononymous

TP94 said:


> I plan to ask him (well his company essentially) eventually but not right away because it's way too early to be talking about that, I feel.


If it's too early to ask your landlord, then it's probably too early to ask random internet strangers.


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## TP94

That's a harsh statement, don't you think? Am I not allowed to get a perspective? I merely wanted to have opinions and info from people who have been in Germany longer than I have and/or have experience with flat contracts.


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## *Sunshine*

TP94 said:


> Am I not allowed to get a perspective? I merely wanted to have opinions and info from people who have been in Germany longer than I have and/or have experience with flat contracts.


It is actually not harsh, but rather very good advice.

Since you have a furnished apartment, your lease is NOT governed by standard German rental laws and the experience of other posters are irrelevant. Although I've been in Germany for years and have experience with German rental contracts, my leases were (and still is) governed by a totally different set of laws and my experience is useless to you.

Your landlord sounds a little sketchy and I would recommend joining the Mieterverein now. 

There is an old saying, "an ounce of prevention is worth a pound of cure."


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## TP94

I called Mieterverein, they told me I have to be a member to get legal advice or to able to have a meeting with their advisors.


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## Nononymous

That's the business model. It's like insurance. You join first, they help you after.


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## TP94

Fair enough, I didn't know it was like insurance, I never had to deal with them before. I guess there is no such thing as free consulting or just having some answer 2-3 questions for free in this case.


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