Is my landlord wants to renovate the apartment, am I obligated to move out?
May 25, 2023 | 40,00 EUR | answered by Emma Richter
Dear lawyer,
my name is Jessica Krause and I have been living in a rented apartment for two years. My landlord has now informed me that he plans to renovate the apartment. He wants to install new floors, paint the walls, and renew the kitchen. I would have to move out during the renovation work.
I am now wondering if I am obligated to move out of the apartment. I am not sure if my landlord has the right to ask me to leave during the renovation work. I am worried that I may not find suitable temporary accommodation during the renovation, or that the landlord may not complete the work on time and I may have to move out longer than planned.
Are there legal regulations that determine whether I am obligated to move out during the renovation as a tenant? What are my rights in this situation and how can I protect myself as a tenant against my landlord? Are there ways to plan the renovation work in a way that I do not have to move out?
I would be very grateful if you could help me in this matter. Thank you in advance.
Sincerely,
Jessica Krause
Dear Mrs. Krause,
Thank you for your inquiry regarding the planned renovation works in your rental apartment. In Germany, tenancy law regulates the rights and obligations of tenants and landlords, including in relation to renovation measures.
In general, a landlord is allowed to carry out renovation works in a rental apartment to improve the condition of the apartment. However, the landlord is obliged to plan the works in a way that does not unreasonably burden the tenants. This means that the landlord must usually carry out the renovation works in a way that allows the tenants to continue living in the apartment.
If it is necessary for the tenants to move out during the renovation works, the landlord must provide suitable alternative accommodation. This accommodation must have the same standard as the previous apartment and must not incur any additional costs for the tenants. Additionally, the landlord must cover the costs of the move and any storage costs.
As a tenant, you generally have the right to stay in the apartment during the renovation works, if possible. If a move is necessary, the landlord must provide suitable alternative accommodation.
To protect yourself as a tenant against the landlord, I recommend agreeing in writing with the landlord on the exact details of the planned renovation works. This should also include the conditions for a possible move and the provision of alternative accommodation. This way, you have a written record of the agreements in case of any problems.
It is important to note that the specific regulations in tenancy law may vary depending on the individual case. Therefore, I strongly recommend contacting a specialist lawyer in tenancy law in a timely manner to discuss your specific situation and clarify any possible legal steps.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Emma Richter
Lawyer
