Legal Advice on Rental Problems in Germany

Questioner

We rented an apartment (from 1/6-25/6 in South Germany) from a private person on January 19 and have now canceled it because of our very sick dog and it is very uncertain what will happen to him. Consciously canceled in time so that she has the opportunity to rent the apartment again. She says that if it is not rented we have to pay 80% of the rental amount. We have not paid anything yet. (That only happens upon arrival) Isn't this the risk of the landlord and is 80% not very much. The reservation confirmation of 19/1 does not mention this 80%, only whether we want to take out cancellation insurance (we have that continuously), but if you have not paid anything you cannot activate it and it does not pay out for a dog.

Lawyer

I would not pay anything because there is a big chance that the apartment will be rented again. The landlord must prove the damage he suffers, which can only be done afterwards.

Lawyer

German law applies to the agreement. According to German law, it is not possible to simply request the dissolution of an agreement. This is only possible in certain situations or for certain reasons. In your situation, I do not think it is possible to request dissolution. In that case, you are also bound by the agreement in principle. However, I will also pay nothing first and wait to see whether the house cannot be rented out in another way.

Lawyer

It does not say that German law applies, possibly both parties are Dutch, mediated or not and have made a choice of law in the terms. But in essence you should adopt a wait-and-see attitude.

Lawyer

Only if both parties are Dutch or if Dutch law has been expressly chosen, Dutch law would apply. Otherwise, German law applies. According to German law, there is a valid agreement and you are obliged to perform. That your dog is sick and you want to get rid of it, is only your risk. You have to pay but your landlord may not ask for termination because, for example, someone else wants to pay more. Both parties are tied. If you want to leave now, the landlord must only deduct savings because you are not coming (for example, electricity costs). It turns out that a 20% discount is sufficient. If you could prove that the savings are greater, you must pay less. Of course, you don't have to pay if someone else rents. Your landlord had already shown this.