being illegally evicted.

[startrek90]

Background:

We live in Germany. We are fully paid up with rent. Never been late or in arrears (in fact usually pay early). Get on with our neighbors and maintain the property as agreed in the contract. Up until now we thought we were ok with the landlord.

Problem:

Yesterday we received a handwritten letter that the landlord wants us to leave our flat by the end of August. Apparently they want to move in themselves but we have heard from our neighbors that they want to know when we are out so they can show people round

As you can imagine we are stunned and are frantically searching for a new place. Our Ds has just started kindergarten and my husband starts a new job in August meaning he will be away mon-Fri. I am also expecting our second baby at the start of September so....not great timing.

Now my aibu: I am starting to pack and sort out now (rather than when I am 9 months pregnant) and we may find somewhere that wants us to move in July. Would we be unreasonable to leave earlier and not redecorate the flat? We had just finished redecorating when they served us notice and I genuinely don't think that they will give us our money back anyway, regardless of what we do. We would leave the place clean and tidy but I just don't see why we should pay more money to restore their cheap wallpaper.

A lawyer has said that what they are doing is illegal but we don't have the money to fight this. Plus we may buy us an extra month tops but then I would be returning from hospital with a newborn and a young child, alone and then having to deal with a move and shitty landlords.

I know it will get nasty as the man has already tried to intimidate me.

I like others was going to say that I though Germany has strong rental laws in favour of the tenant. You need to get proper advice or make the decision to move out. If you contract states you must redecorate then that's what you must do, but if you have only just finished that would seem reasonable...?

Wait until you see someone before contacting the landlord. If they could write a strongly worded letter to him, that will probably help.

If he comes round threatening you, call the police. Don't move just because of that.

If you do want to go, get him to agree to refund the full deposit plus any additional expenses that you incur as a result of all this (deposit, moving fees, stress, travel expenses, everything). If he really wants you gone, he will probably pay it.

Also, the landlord should be informed that he cannot under any circumstances enter your property or garden without prior consent and nor can he or his family come over to your property without good reason and without notice.

Show him that you're not pushovers

Ok just seen your update and understand. Get your lawyer to agree a break fee with the landlord (reimbursement of renovation and removal costs etc). Don't engage yourself.
Also, I highly recommend renting from a housing association next time. Good luck!

OP, your landlord is committing "Hausfriedensbruch". Call the police. You don't have to live like this.

And turin is completely right. Change the locks and contact your Mieterverein.

Can't you just stay put, and ignore them completely until they go through the proper legal channels? Which they won't be able to do anyway?

You need to go to the Mietverein.
I've had this happen to me, I'm also in Germany, my landlord tried to get us out - illegally.
With the Mietverein I fought - and won.
He cannot enter your flat without permission unless it is an emergency and even then he must be able to to show proof that he has done so.
Even if you have an overlap between old flat and new.
And yes, you can change the locks if you want.
He is totally taking the piss.
The Mietverein may be able to get you out of the contract early if you do like the new flat, especially as it would be in all of your interests to get away. Ask them what your notice period would be and if they could act as go-between.
Has any reason been given for wanting you out (I know you said he wants more cash, but the letter should say something like "Eigenbedarf" - own use - or something)? Has any compensation been offered?
And, most importantly, have you signed any document other than a standard rental contract?

Wtf?!? They are showing people round! I have locked the door and put my key in it. My h is gone to get legal advice and is not here! I don't even know the number for the police. I am torn between anxiety and fury at the sheer bloody cheek! The man is, shall we say a traditional Turkish man with traditional Turkish values and quite clearly doesn't give a crap.

It's eigenbedarf. No compensation. Just told to leave by August. No we only signed the rental contract.

110 for the police. Please call them - this is outrageous behaviour! They will take you seriously, he is clearly threatening you.

I don't care what his values are, this is illegal. Police no: 110.

And no, you can't leave the flat beforehand without a written agreement, so it would be best to let your Mieterverein/lawyer try and negotiate a settlement with him, as pp have suggested. If he's showing people around, write down the time, dates, get your neighbour to witness it etc as this proves that he doesn't actually need the flat himself.

Ok. Seeing lawyer this afternoon with contract and the letter telling us to go. Also contacting the local mietverein to get advice.

Also looking for a new place anyway as I don't think I can live here after this.

Thank you all so much for this. Will update asap.

I wouldn't budge. Fucking cheeky fucker.

Also put on every site possible about this landlord

Being a foreigner, he either isn't fully acquainted with the law, doesn't take it seriously or, more likely, thinks you don't know the law and can be easily intimidated. As far as he's concerned it's worth putting a note through the door if it does the trick. You need to show him it's going to take more than that to get rid of you.

If he has advertised it anywhere (e.g. immobilienscout24, local papers, have a google), print that off too as it will also show that it isn't Eigenbedarf.
Yes to keeping all records including any conversations, visits, use of your garden etc.
If he's threatening you on your property, call 110 (emergency number).
If he is currently not there, call (0681) 962-0 (Saarland Police switchboard) or visit your local station.

Good call, Flinders! OP, one more thing: if all else fails, the fact that you are expecting your baby (congratulations) in early September (if you got the note yesterday, then the legal three month notice period is up on September 1st or 2nd) puts you squarely in the "Härtefall" - hardship case category. Which means you cannot be expected to move at that time anyway. I know you want to move out (and I don't blame you!), but you cannot be forced to move right before (or after) giving birth. (C.f. LG Stuttgart, ruling 06.12.1990 – 16 S 378/90). Good luck and keep us updated if you need any help!

You're getting loads of good advice.

Don't be a drip about this - people only get away wiht treating other people badly becase people LET them.

In the words of Better Call Saul - do you want to be a lion or a sheep?

Thanks for that. H is back from seeking awyer. She wants to see us on Monday. This afternoon was a consultation. She has basically told us to do nothing and let her do communication. What they have done is illegal and they need to negotiate us out iyswim? Best part is we qualify for legal aid! She said she has seen this before and not to worry.

The notice ends 30.08 and I am due between 15-20.09 (not sure exactly). Because of complications the dr expects a c section done earlier. Not sure I am covered under Härtefall? Will definitely bring it up though!

Thank you so much I now think dh has been converted to mumsnet as you lot knew stuff he didn't and he is German! Feel a lot more in control right now. We are seeing a flat next week and hopefully another this weekend.

Lawyer seems to think we could get them to give us compensation and give us more time anyroad. She was not happy at them using the garden and coming as and when. Especially as our contract says we have the garden and must maintain it. She wants us to talk more and she will be advising them to communicate through her and no way should they Contact us directly. She seems really on the ball. She didn't have a lot of time but fitted h in for a quick visit.

I am now just concerned about a new place. Can social services remove my kids if we can't find anywhere? I want to tell my hebamme and Ds kindergarten as maybe they could help but I don't want to risk a report and losing my babies.

All sounds excellent, OP. And please don't panic! Child services (the Jugendamt) will not take your children away for not being able to find a new flat immediately! If you're really at risk, contact your local authority, social services, child services, or charities such as the Arbeiter Wohlfahrt, Caritas, Paritätischer Wohlfahrtsverband or Diakonie for help. Are either of you employed? Good credit rating? Then you are definitely not going to be out on the streets!

Take your Mutterpass with you to the lawyer as it has your due dates, you may also need that information about the c-section in writing from your doctor. You are very likely a Härtefall (especially as you can prove you are looking elsewhere), however, from what you have written the whole attempt to kick you out is dodgy. Basically, if he wants you out quicker, he will have to compensate you. No more BBQs either.
charlestonchaplin and uglyswan are quite right, he's a chancer alright.
Don't worry about social services, if anything, the Jugendamt would be supporting you to keep a family together and a roof over your head, chat to the Hebamme.
And yes, congratulations on the baby!

My h works for the zoll and I am a sahm who goes to deutschschule part time. We have no debts at all. Not sure about credit rating but no debts, never been late with the rent at any point with every landlord we have had. All our bills are paid on time, never been late. (crossing our fingers that it stays that way) we are not rich at all. We just live very frugally

My inlaws don't think that we will struggle to find a new landlord at all. Will speak to jugendamt on Monday. Also talk to my hebamme. Already speaking to caritas. Thank you all so very much. Will update.

Fwiw if they use the garten thos weekend should I take photos or something?

I agree with your inlaws, OP, you sound like model tenants and I doubt you'll have any trouble getting a new place to live.

If the garden is in fact part of your rental and not just available for you to use (this should be specified in your contract), I would send him a written warning (Abmahnung) now, by registered post, and if he still rocks up with all his friends and relations, go ahead take photos of him and tell your lawyer you'd like to take an injunction (einstweilige Verfügung) out against him to stop him doing it again (yes, you can do this! cf AG Brühl, ruling 12.10.10, Az. 26 C 140/10).

update we spoke to a lawyer who said what they have done is illegal. She has wrote them a letter. This has gone down like a lead balloon.

They came round wanting to measure new windows and said they have sold their house and that is why we must leave. My h was very polite and just said to put everything in writing. The landlord got very cross and has said 'you may have one lawyer but we have six'

We are trying to be nice. Unfortunately the flats available are all gone when we call so as of right now I think we are going to be homeless.

Hi startrek, sorry to hear this. What they are doing is definitely illegal, even if they do have "six lawyers" and have sold their house (so where are they living now?). What does your lawyer/the Mieterverein suggest you do? Because if they have cancelled your lease illegally, they can't evict you, so please don't worry: you will not be homeless.

"We are trying to be nice." They are harassing you and trying to make you and your family homeless. I'd stop trying tbh.

I didn't see this update till now. I hope things have improved since you posted. I just think it's more of the same attitude that they can ride roughshod over you, and I fear it's working. You have a contract to live there. So live there until they agree to compensate you to your satisfaction for breaking the contract, or they get a court order that requires you to leave. If you can afford to retain a lawyer, just keep telling them to communicate with your lawyer and engage with them as little as possible.