I have terminated my apartment lease on time, but the landlord is still demanding another rent payment. Is this legal?
June 3, 2023 | 55,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Fred Schottmann and I am currently facing an issue with my landlord. I have given notice to terminate my tenancy in accordance with the terms of the rental agreement. However, my landlord is now demanding another month's rent from me. I am unsure if this is lawful and what I can do in this situation.
The initial situation is as follows: I submitted my notice of termination to my landlord in writing several weeks ago, within the specified notice period. I adhered to all agreed upon notice periods and assumed that I would not have to pay rent from the specified termination date in the contract. However, I have now received a payment request from my landlord for the upcoming month, even though I will have vacated the apartment by that time.
I am deeply concerned as I do not know if my landlord is within their rights to demand the rent from me. I do not want to incur unnecessary costs and I wish to be treated fairly, as I have terminated the tenancy within the agreed upon period and followed all contractual regulations.
Therefore, I am wondering if my landlord indeed has the right to demand another month's rent from me, despite me having terminated my tenancy within the agreed upon notice period. Are there any legal steps I can take to challenge this demand? I would appreciate any help and advice as I am feeling uncertain in this situation and do not know how to proceed.
Thank you in advance for your support.
Sincerely,
Fred Schottmann
Dear Mr. Schottmann,
Thank you for your inquiry and for trusting in my expertise as a lawyer specializing in tenancy law. I am sorry to hear that you are in such a situation with your landlord. I am happy to provide you with legal advice and answer your questions as comprehensively as possible.
In your case, it is important to clarify whether your landlord is actually within their rights to demand another rent payment from you, even though you have given notice in a timely manner. In general, your tenancy agreement only ends at the expiration of the notice period. This means that you are required to pay rent until the end of the agreed notice period, even if you have already vacated the apartment.
Therefore, it is possible that your landlord is entitled to demand rent for the upcoming month if that period falls within the notice period. It is important that you carefully review your tenancy agreement to ensure that you have complied with all contractual provisions and correctly calculated the notice period.
If it turns out that your landlord is indeed within their rights, you still have the option to resolve the situation and possibly reach an agreement. You could contact your landlord and have a conversation to find a solution together.
However, if you believe that your landlord's demand is unjustified, you also have legal options available. For example, you could hire a lawyer to represent your interests and potentially file a lawsuit against your landlord. It is important that you seek legal assistance early in such a case to protect your rights.
In conclusion, I want to emphasize that in tenancy law matters, the details are often crucial, and it is important to examine the exact circumstances of your case. I recommend that you promptly contact a lawyer specializing in tenancy law for individual advice and support.
I hope that my explanations have been helpful to you, and I am available to assist you with any further questions.
Sincerely,
Oliver Hentschel
