Das Bild, das ich geteilt habe, ist eine Klausel aus meinem Vertrag.
Ich möchte meinen Mietvertrag kündigen, aber ich bin mir nicht sicher, ob ich nur das Kündigungsschreiben senden und davon ausgehen kann, dass er ausreicht oder ob das Kündigungsschreiben vom Vermieter bestätigt werden muss und der Vertrag erst dann storniert wird. Kann mein Kündigungsbrief als funktionieren "einzelhändig" in Übereinstimmung mit dem Vertrag?
Zu Ihrer Information, ich habe den Brief gestern per Einschreiben gesendet und der Datum für die Kündigung ist der letzte Tag im August. 2 Monate im Voraus, wie im Vertrag erwähnt.
https://i.redd.it/7mblyfjo2u7f1.jpeg
Von PuzzleheadedCarry870
7 Kommentare
Why do you think only the landlord can cancel?
That makes no sense at all.
I read that as you having to cancel before the 3rd of the month to end the contract in that month. Only the landlord has to do the other things on top of that.
Also you might have ended your contract in July now. Check with your landlord.
You can cancel by the third of the month. Your landlord has to cancel by the third of the month in addition to giving you the reason etc.. Bc you can cancel the contract just bc, your landlord cannot.
Just a question, let’s say I send the mail with a delivery confirmation. How can I prove the content of the mail? What if the landlord says that it was about something else?
No, the landlord can only terminate the contract if they give all reasons for termination and inform you about your right to object the termination within 2 month.
The other party can terminate the contract without giving a reason or allowing the landlord to object.
It’s the law, but this looks like a default contract from the landlord association and they explicitly write that in, because some landlords don’t know about that/think they can ignore it/doesn’t apply to them/try to fuck over the renters.
I think you misunderstood the contract. I am not sure if this clause is valid because I find the wording „Eine Kündigung muss schriftlich bis zum dritten Werktag des ersten Monats der Kündigung erfolgen“ (this is the clause which is valid for the tenant). It should say „… des ersten Monats der Kündigungsfrist erfolgen“ to be unambigous.
However it seems that this is a contract which just refers to the rules of the BGB. The Kündigungsfrist (meaning the period of termination notice) is 3 months in the BGB for tenant as well as for the landlord at the beginning. After 5 years the notice period for the landlord gets longer, but not for the tenant. So the tenant has always 3 months of Kündigungsfrist. The addition which explains that the landlord needs to tell the tenant about „Widerspruchsrecht“ refers to §574 BGB which says that if the landlord terminates the rental contract then the tenant can object against the termination if there are certain reasons. Your contract specifies that the landlord has to tell you this opportunity that you can object until 2 months before the end of the end of the rental contract (after Kündigung) which is also specified in §574 BGB.
All in all I would expect you have a 3 month termination notice which means that your termination notice for end of August would have had to arrive at your landlord until 4th of June. Now you can terminate only to 30th of September except if the landlord accepts the earlier termination. If I were you I would try to get the landlord to accept termination to end of August and confirm this in written form or send another termination notice with an end date of 30th September or at least have the landlord confirm in written form that he agrees to end the contract to the end of September.
To answer your other question: Generally it is enough that the landlord has received the letter in time for the termination to be valid, but if the landlord says they did not get the letter then you would have to prove in court that they got the letter in time. Even a registered letter may not be enough for that because the landlord can theoretically say they got an empty envelope or the envelope contained something else. It is better to have a witness who sees the content of the letter (or takes a photo of it) and who at least can testify that this letter was sent as a registered letter (having been present when the letter was enveloped and sent at the post office) or even better the witness would be present with you when putting the letter into the landlords mailbox. An easy but a bit expensive (around 20 to 25 Euro) way to send a letter foolproof is to mail the letter to the local Gerichtsvollzieher at the place where the landlord lives and ask the Gerichtsvollzieher for „Persönliche Zustellung“. They will hand over the letter to the landlord personally or put the letter into the landlords mailbox and document the time and date when they did that and send you a copy of the letter that they gave the landlord (or into the mailbox) complete with a stamp and signature of the Gerichtsvollzieher proving that exactly this letter was given at exactly the documented date / time. A landlord will not be able to say they did not get a Kündigung if you do it this way.