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German Law/Vacation rental - rights under the german law

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Question
Hello,

I'm currently living in a vacation house. My rental started on 1 March, 2013 and it was supposed to end on 30 Oct, 2012.

At the beginning of this month, I was told that they want me to leave, because of my dogs.
I have four dogs and met the owner of the apartment and their children so that they can meet me and my dogs. We met once at the end of December 2012.
It is an apartment building and the daughter and son in law and their two young girls (4 and 7) are my next door neighbors.

Although my dogs behavior is under control, it is not enough for them (so told me the son in law).

I was told that under German law, once you live in an apartment for 6 months you cannot be evacuated. I was also told that the story of my dogs, sounds like an excuse to throw me out.
My question is since this is a vacation house, does the law apply to my case?

Thank you in advance.

Zmira

Answer
P.S. Fixed lease periods can only be agreed upon if the apartment is let for a temporary use. Decisive is whether the tenant wanted to establish his center of life in the apartment.

If the landlord knew and approved that you brought four dogs with you at the time when you concluded the contract he cannot object in principle. However, termination can be possible if the dogs cause serious annoyances and thereby breach the peace in the house. Termination may be possibele after an unsuccessful call for order.

There is no such thing like a six-months-rule. Notice periods are usually three months if not agreed upon otherwise. If the rent period has been fixed by the parties cannot terminate inbetween. However, such contract has to be effected in writing in order to become binding.

German Law

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Henning Haarhaus

Expertise

I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.

Experience

Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Organizations
Bar Association of Berlin, KIWANIS

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German licensed lawyer and bar certified tax specialist

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