Compensation if tenant does not move out despite valid notice of termination for owner's own use.
Dear Sir or Madam,
The situation is as follows:
Last year, I acquired a two-family house (located in Stuttgart) and subsequently terminated the leases of the tenants (two parties) due to own use. Both parties were supposed to move out by 28.02.2022. According to legal advice, the termination for own use is justified, and any possible objection, for example due to special hardship, is not possible.
Party A has already moved out of the ground floor apartment by 31.12.2021. The previous cold rent for Party A was 700€ per month. The local comparative rent would be around 1,000€.
Party B (occupying the upper floor apartment) has not moved out yet and refuses to do so. Party B also pays 700€ per month, with the local comparative rent also being 1,000€. An eviction lawsuit is already underway and promising.
The following framework conditions apply:
- The house is to be renovated after the tenants move out.
- Suitable craftsmen have been scheduled with a certain time buffer, starting in mid-April 2022.
- Completion and move-in are planned for September 2022 (5.5 months of renovation duration).
- Our current apartment (rented) has not been terminated yet (current rent: 2,000€), but termination was planned for the end of September 2022.
- The monthly mortgage rate for the house financing is also 2,000€.
- Double burden was calculated for the months from April to September (mortgage rate, rent for old apartment, no rental income).
Due to the impending eviction lawsuit and the resulting postponed start of the renovation, the following financial disadvantages arise for us:
A) Loss of 700€ rental income from the ground floor apartment. We cannot start the renovation, but also cannot continue renting out the ground floor apartment. The loss was planned for 5.5 months, plus the two months Party A moved out earlier. Unplanned additional months are now added due to Party B's behavior.
B) Continued rental of our old apartment beyond September 2022 with 2,000€ rent per month, as the move is delayed.
C) Due to general price increases, the renovation will also be significantly more expensive, as craftsmen have already announced that they will recalculate their offers in case of delay.
I would like the following questions answered:
1. Can we demand damages from Party B amounting to 700€ per month for each month after 28.02. they do not move out?
2. Can we claim damages regarding the increased double burden from the mortgage rate and rent for the old apartment?
3. Can we claim damages for increased renovation costs compared to the planned start?
Thank you for your assessment!
