German tenants' rights

Discussion in 'German Property' started by Sumarokov-Elston, Oct 15, 2008.

  1. Does anyone know if a German tenant has any rights to stay on, if a property changes hands (i.e. ownership)? I have been offered one that has been "fest vermietet" for quite a few years. I ask because in the Czech Republic there are some properties which can have a sitting tenant, who you cannot kick out until his term officially ends!
  2. If anyone is interested, I have since been told by a German lawyer that my hunch is correct. A tenant cannot be kicked out until his lease expires. His presence will also be noted in the buy-sell contract, though he does not have any de facto rights.

    On the subject, can anyone recommend a good property lawyer in BERLIN ?? Someone to look through the contract for me?
  3. Lewis

    Lewis New Member

    Although I try to keep my advice on Germany as personal and impartial as I possibly can, I am a businessman with German interests in real estate and it may be construed as a "Conflict of interest" or just me "Touting for business". I am an agent and am not above this under certain circumstances. Dealing with a potential legal advisor is an absolute no-no for me and my business. With this in mind I cannot and will not give you my company details or advise you to use our legal team.
    The best (and most ethical) advice I can give you is to contact the British Embassy in Berlin, they will have a list of English speaking legal advisors and you can make your own choice. Good luck with your investments in Germany.

    BTW - Are you really sure you want to get rid of your renters? If they have been there for some time and have been problem free and regular payers then surely they can be seen as an asset and not a hindrance to further riches. I personally love sitting tenants as it means I don't have to bother with advertizing the property. Within the limitations of the miet speigel you can raise the rents if y ou feel it is prudent to do so. With negotiations the miet speigel can even sometimes and in some areas be talked around.
    A tip - Don't try to be too greedy, a certain 5% income from a long and loyal renter is better than p-----g them off and them moving out leaving you with no income and a hundred potential renters who probably won't be willing to go above the 5% mark as they probably know the local market better than you.
    Treat your renter well and they will probably stay with you a long time - p---- them off and they can give you a hell of a headache if they are of a mind to.
  4. Norbert

    Norbert Senior Member <br /><img src="http://img.propertyc

    WOW - I am impressed.
    You have quickly adjusted to the Deutsche Gründlichkeit.
    Do you have a website somewhere?
  5. BerlinInvestment

    BerlinInvestment New Member

    First Question:
    Why do you want to remove the tenant?
    We can only give good advice here when we know your intetion.

    Rental law
    the rental contract will be transfered to the new owner.
    That is why rented flats are (much) cheaper than vacant ones.
    Normally rental contracts have no termination date (runs till renter channels)

    Real Estate Lawyer
    The point is that if its an investment for you and you are buying an apartment worth something between 50.000 an 200.000 Euro a 2.500 laywer fee will completely distroy your potential yield on the property.

    My advice: Stay away from short term rentals

    Problem No. 1
    you have to find a trustworthy agency that operates your business

    Problem No. 2
    in general they "eat" 18 to 50% of the income !!!

    Problem No. 3
    every foreign apartment investor has the same idea,
    to rent short term = massive supply = bad prices
    PLUS there is massive competion by hostels and lowstar hotels

    Problem No. 4
    its a season business = only 30% of the time will be occupied (median)

    My Best advice
    Stay away from short term rentals
    Dont buy a flat, if you can afford it buy an apartmet block
  6. Norbert

    Norbert Senior Member <br /><img src="http://img.propertyc

    mecause I want to live in it!

    Why would a block owner sell, when that is so much more advantageous?

  7. kap-C

    kap-C New Member

    Generally two reasons:

    1) he/she needs the money
    2) he/she can make a profit that makes the sale worthwhile


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