no rental agreement
April 11, 2010 | 30,00 EUR | answered by Karlheinz Roth
I moved into an apartment owned by the husband of a friend. For 8 months, he has been postponing giving me a rental contract. He does not provide any reasons for the lack of a rental contract. I pay the monthly rent agreed upon orally on time, plus an advance payment for utilities. Last week, I politely requested in a letter that he provide me with a rental contract by tomorrow.
What rights do I have as a tenant without a contract?
Best regards,
Birgit Brandenburg
Dear Seeker,
Thank you for your inquiry, which I will answer based on the information you provided as follows. By omitting or adding further factual information from you, the legal assessment may differ, so that the advice within this forum is only intended as an initial legal orientation on the matter and by no means can replace consulting a local colleague.
With that being said, the following is stated:
A rental agreement does not necessarily have to be concluded in writing. If the rental agreement is not concluded in written form for longer than one year, it is valid for an indefinite period. However, termination is only permissible at the earliest one year after the provision of the living space (cf. § 550 BGB).
Your rights and obligations under an oral contract are directly derived from the law (BGB), unless other oral agreements have been made. Therefore, the cosmetic repairs are the responsibility of the landlord. Additionally, you are not required to pay any advance payments for operating costs.
I hope I could assist you in this matter. I am available for a free follow-up question. If you are considering further representation, I recommend contacting me via the email address provided below. Modern communication allows for bridging greater distances in this regard.
Sincerely,
K. Roth
- Lawyer and certified executor of wills -
Law Office of K. Roth
info@kanzlei-roth.de
www.kanzlei-roth.de
Tel. 040/317 97 380
Fax: 040/31 27 84
Johannisbollwerk 20
20459 Hamburg
