How do I proceed if my landlord does not hand over the apartment on time?
June 10, 2023 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
I am currently in a tricky situation and hope that you can help me. My name is Johann Lahn and I am about to move into my new rental apartment. Unfortunately, I have just found out that my landlord cannot hand over the apartment on time.
The situation is as follows: I have already signed the lease agreement and transferred the deposit. The moving-in date has been set and I have already made preparations to ensure a smooth move. However, I am now faced with the problem that the landlord has informed me that the apartment is not ready for occupancy yet and the handover will be delayed.
I am very concerned as I do not know how to proceed in this situation. How can I uphold my rights as a tenant and compel the landlord to hand over the apartment on time? Are there any legal steps I can take to demand my right to the contractual handover of the apartment?
I would be very grateful if you could provide me with possible solutions to handle this unpleasant situation. Thank you in advance for your assistance.
Sincerely,
Johann Lahn
Dear Mr. Lahn,
Thank you for your inquiry and trust in my expertise in rental law. I am sorry to hear that you are in a difficult situation, but I will do my best to help you.
In your case, it is important that you assert your rights as a tenant and compel the landlord to hand over the apartment on time. First and foremost, it is important that you formally request the landlord to hand over the apartment as agreed in the contract. Set a reasonable deadline for this handover to take place. Make it clear that you will consider legal action if the handover does not occur.
If the landlord fails to hand over the apartment on time despite your request, you, as a tenant, have various legal options. One option would be to apply for an injunction at the appropriate court to compel the landlord to hand over the apartment. Additionally, you could seek compensation for any financial losses incurred due to the delay in moving in.
Furthermore, you should check if the rental contract includes a penalty clause in case of late handover of the apartment. If so, you may be able to claim this penalty from the landlord. However, keep in mind that penalty clauses must generally be reasonable and not excessively high.
In any case, I recommend seeking legal advice before taking further legal action to ensure that you can effectively assert your rights as a tenant. An experienced rental law attorney can help you find the best possible solution to your problem.
I hope these pointers are helpful to you and wish you success in asserting your rights as a tenant.
Best regards,
Günther Schulz, Attorney at Law
