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Ask a lawyer on the topic of Tenancy law

Excerpt Girlfriend

I live in a 4-room apartment with my girlfriend, who moved out in May and claims that I kicked her out. Initially, I gave notice to terminate the lease on August 31, 2010, which my girlfriend agreed to because she is listed as the second tenant on the lease, and I wanted her to pay half of the rent since she is still on the lease. However, I decided to keep the apartment and withdrew the notice, informing my girlfriend that she no longer needed to pay me half of the rent as I had changed the lease to be only in my name, backdated to June 1, 2010. However, the landlord did not accept this and insists on the original termination date of August 31, 2010. Since I had told my girlfriend not to pay rent anymore, she is now refusing to pay and insists on my message. She still has the apartment key but is not giving it to me because she is still a co-tenant, so I had to lock the doors in the apartment to protect my belongings from theft, as I do not know what she might take even though all her belongings have been moved out. Now she claims that she has no access to the apartment, even though I had told her she could enter in my presence.

Bernhard Müller

Dear inquirer,

Since your girlfriend is only allowed in the apartment in your presence, the apartment is currently only inhabited by you. This is to be understood as an agreement between you and your girlfriend, meaning that you are the sole user of the apartment and therefore also have to pay the rent alone. As a result, your girlfriend is obliged to give you the key.

You should ask your girlfriend to hand over the key, set a deadline of 3 days, and announce that you will change the door lock afterwards. If the deadline passes without success, you should indeed change the door lock.

Best regards,

Bernhard Müller
Attorney at Law

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Experte für Tenancy law

Bernhard Müller

Bernhard Müller

Berlin

Bernhard Müller ist seit April 2004 als Einzelanwalt tätig. Wer Streit mit seinem Vermieter hat, etwas erbt, vererben will, sich scheiden lassen will, wer Ärger mit der Polizei oder sonst ein rechtliches Problem hat, findet bei Rechtsanwalt Bernhard Müller kompetente Beratung. Im Jahr 2009 hat er 2 mal hintereinander den Jusline Kommentierwettbewerb gewonnen.

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