Ask a lawyer on the topic of Tenancy law

Appointment for viewing by landlord has not been confirmed yet.

May 5, 2014 | 50,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

Due to various discrepancies between the landlord and the tenant, the landlord arranged an inspection appointment with 2 experts after repeated written requests from the tenants. The tenant had to reschedule the landlord's proposed appointment dates due to other important commitments and suggested 2 new dates, requesting timely feedback to confirm one of the two dates.

Now there are 2 questions:

1) Is the tenant obliged to prove the impossibility of attending the dates proposed by the landlord? For example, by providing confirmations from doctors for medical appointments, or is it sufficient to simply indicate that the proposed dates cannot be attended?

2) By when does the landlord have to confirm or respond to the newly proposed dates by the tenant, indicating which of the two proposed dates will be accepted? The first proposed date is exactly one week from 05/05/2014, and the second one is in exactly 10 days. So far, there has been no feedback - are there any specific deadlines that must be waited for (or should be waited for) before the tenant can possibly point out that due to the lack of feedback or confirmation, new dates will need to be suggested again - as the tenant also has obligations and cannot keep their schedule indefinitely clear?

Thank you for your response.

Steffan Schwerin

Dear inquirer,

I would like to answer your questions as follows:

1) Is the tenant obligated to prove the inability to attend the appointments suggested by the landlord? For example, by providing doctor's notes for medical appointments, or is it enough to simply state that the suggested appointments cannot be attended?

No, the tenant is not required to prove this in general.

However, if there are frequent reschedulings, the landlord may request proof.

2) By when does the landlord have to confirm or respond to the newly suggested appointments by the tenant, or decide which of the two suggested appointments should be attended? The first suggested appointment is in exactly one week from May 5, 2014, and the second is in exactly 10 days. So far, there has been no feedback - are there specific deadlines by which one must wait (should) in order to then inform the landlord as a tenant that due to the lack of response or confirmation, new appointments will need to be suggested again - as tenants also have obligations and cannot keep their schedules indefinitely?

Usually, such appointments should be arranged 5 days in advance.

Therefore, the landlord must have contacted the tenant and confirmed or cancelled the desired appointment by 5 days before the appointment.

Kind regards,

Steffan Schwerin
Attorney at Law