What is a Mietschuldner: Everything you need to know about leasing
More and more people in Germany are overburdened. Debt in itself is not necessarily a threat to your livelihood, but if you have to pay rent, you may lose your home and become homeless. As a rental debtor, it is also very difficult today to enter into a new lease. For this reason, rental liabilities must be avoided at all costs. Should you have leasing debts, you have to act quickly, because waiting would only aggravate your situation.
Table of Contents
- 1 The rent is not paid? From which period you will be considered to be a leasing debtor:
- 2 Can the landlord terminate a lease without notice?
- 3 So you should react as a leasing debtor:
- 4 To cancel a cancellation:
- 5 Related Links:
The rent is not paid? From which period you will be considered to be a leasing debtor:
With the entry into force of the 1.9.2001 lease agreement, the rent must be paid in advance by the third working day of a month. If you fail to meet this deadline, you are already legally obliged to act as a rental debtor. However, the advance payment on the third working day must be recorded in writing in a rental agreement. Also, if you only pay part of the rent to the monthly deadline, you are at fault with your landlord.
What is the cost of renting?
It is far from sufficient if you only pay the rent in the rental agreement, because the rent also includes the advance payments for the operating costs like the waste disposal and the water supply. You also have to settle the advance payment for the heating costs or an agreed flat rate with your monthly rent. If you do not pay the rent in full, you are legally also a leasing debtor.
Can the landlord terminate a lease without notice?
If you are only in default with a monthly rent, you are not yet threatened with immediate notice. However, your landlord can declare you well if you are in delay with more than one monthly rent for more than a month. In this case, your landlord must comply with the statutory notice period, which is usually three months. Worth knowing: Even if you always transfer your rent in a timely manner, your tenancy agreement can be terminated. However, your landlord has only the right, if he has previously warned you in writing.
If you are in two months' rent in arrears, it can be critical for you
If you are in default as a leasing debtor two months' rent, your landlord can terminate without notice. Termination without notice is also possible if you only pay the rent incompletely and are in default on two consecutive payment dates more than one full monthly rent. You should always remember that personal reasons for the delay in payment, such as sudden unemployment, etc., can not render the termination ineffective. Only in exceptional cases, for example, if you were unconscious in the hospital and therefore could not pay your rent, courts have a look.
So you should react as a leasing debtor:
Do not wait until it is too late, but contact your landlord as soon as you realize that you can not pay the rent or not in full. Many landlords let themselves talk and give you a deferred payment or even an installment payment. Should you become a leasing debtor due to personal fate, for example, unemployment, the local social welfare office may help you and take over your leasing obligations.
To cancel a cancellation:
If you, as your leasing debtor, settle your debts within a two-month period after you have been given the clearance, the termination will be invalid. However, you can only use this right every two years. If you have already received a notice of termination as a leasing debtor during the last two years and pay the leasing charges in retrospect, the termination remains.