Paying for a termination agreement
October 12, 2012 | 30,00 EUR | answered by Bernhard Müller
We moved out on 1.10.2012 and the rental agreement was supposed to continue until 30.11.2012. We found a new tenant for 15.10.2012. Our landlord now wants 300 euros for a termination agreement, stating that it is the only option, otherwise I would have to continue paying rent until 30.11.2012. Is this legal?
Dear questioner,
The landlord is not obligated to accept the proposed new tenant you have suggested. In fact, he can insist that you continue to pay rent until 30.11.2012. Therefore, it is lawful to demand compensation in order for you to be released from the contract earlier. However, you will also need to return the keys by 12:00 on 01.12. if you remain a tenant until 30.11.
My suggestion: The contract with the new tenant will officially be concluded on the start of the lease on 01.12. Until then, you will officially keep the keys to the apartment and allow the new tenant to enter as a "guest" in the rented apartment, if they bring you a "guest gift" of 1.5 months' rent. On the morning of 1.12, you will go together with your guest to the landlord and hand over the keys to him. He will then give them to your guest, who will become the new tenant.
Because while the landlord can insist on compliance with the notice period, he cannot prohibit you from receiving visitors.
Best regards,
Bernhard Müller Attorney
