Tenancy Law

Documents for personal use termination

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The letter of termination is the central point of departure for own use.

Errors in the letter of termination can not be corrected. In addition, you specify with him the further procedures and the framework in which you negotiate with the tenant or litigate to get your apartment back from him.

Anyone who does not regularly quit for their own needs, is well advised to put this into professional hands.

This also applies if you are not legally insured, because a legal expenses insurance does not cover the costs of termination anyway. The prerequisite for an insurance benefit is an insured event, so in legal matters a violation of the opposite law. This is naturally not available for self-service terminations, so that there is no insurance claim and therefore no cost recovery. However, this should not prevent you: the costs of a legal dismissal are in many cases significantly lower than the costs of a case that has not started optimally.

Lawyer of your trust

Tenancy law plays at the local district court of the apartment. So if you live in Munich and want to terminate a tenancy in Berlin, it makes sense to hire a Berlin lawyer. Conversely, it makes sense in a termination in Munich, to hire a Munich lawyer. Because the local lawyer knows the local courts and judges and does not have to arrive on dates to daily rates first.

If you already have confidence in your chosen lawyer, a personal conversation is not mandatory. The documents can be exchanged by email and discuss the facts on the phone. Only the power of attorney must be given to the lawyer in the original, ie the piece of paper on which you have physically signed. A fax or scan is not enough, as the original of the notice must be attached to the tenant.

Required Documents

If I am to declare a self-employment termination for you, I need

1) Copies or scans by

  • the lease together with all supplements
  • the land register excerpt
  • the last rent adjustment (net cold and operating costs)

2) one Description of the facts: why would you like to resign, who should live in the apartment from when, what circumstances are the basis of your decision, etc. If the apartment is managed by others: who is the responsible property manager? If it is not your only apartment in Berlin, I need an indication of your other property in the city.

After the first description, eg by email, we will usually become us. once again by telephone or in person, I will contact you.

3) the Original one signed by all landlords Power of Attorney to me. You will find a form here:

http://neu.ikb-law.de/wp-content/uploads/2017/02/Vollmacht-IKB.pdf

In this case, in the line "in matters" enter: the name of the landlord, with several the name of the first landlord and a "ua" behind it, then the "against" sign ./. or "vs." and then the name of the renter, with several of the first renter and an "ua" behind it

Example: Your name is Müller and you are the sole owner, the couple has hired Ms. Meier and Mr. Schulze. In the line "in things" comes:

Müller ./. Meier and others

In the line "because" the tenancy and the order are to be entered, eg.

Tenancy example street 1, 10123 Berlin, side wing 3. OG right

wg. Own needs (termination, trial), etc.

The "et al" at the end is important because it also allows for negotiations on a premature departure on a consensual basis, possibly against relocation costs, about cosmetic repairs and about all other things that may become so relevant at the end of a contract. Otherwise, if the case develops in such a direction, you would have to sign and send another power of attorney, that would be a bit cumbersome. In any case, we only make agreements or legal explanations if you have previously confirmed this in individual cases.

I need as many authorizations as there are tenants and from all owners / lessors of the relevant lease.

Invest at the apartment level

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