Termination of the rental agreement before moving in

What you need:

• Reason for termination
• Agreement with the landlord

A contract is a contract. You cannot unilaterally cancel a contract and you are also allowed to cancel your contract Contracting parties do not expect that they are ready to carry out the contract without further ado waive. Like any other contract is a rental contract is binding for you and the landlord as soon as you have both signed it.

The rental agreement already exists before you move in

• After all, you also expect from your respective contractual partner that he in turn provides the in the contract acknowledges assumed obligations and does not attempt to unilaterally differ from those assumed in the contract To resolve commitments.
• It is your responsibility if you discover after signing that the apartment is too big or too small, too loud or too expensive for you. These circumstances are subjective and not part of the contract.
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• So if you want to terminate the rental agreement before moving into your new apartment, you must comply with the statutory notice periods. As a tenant, you can then use your termination declare that the month after the next will expire by the third working day of the month at the latest.
• Earlier termination can only be considered if you can refer to an important reason that it makes it unreasonable for you to move into the apartment and refer to the statutory notice period permit. You can then declare the termination without notice. This can also be considered if your landlord persistently refuses or is unable to meet the obligations assumed in the rental agreement.


Rewrite the rental agreement - this must be taken into account

A rental agreement only exists between the people who concluded it and who ...

Check termination for good cause

• Cases of this kind are conceivable if the apartment is in a deplorable condition and is in fact not habitable and it is up to the landlord to make the apartment ready for you to move into place. Or if the previous tenant refuses to move out of the apartment, the landlord cannot make the apartment available to you and is therefore in breach of contract.
• Otherwise, it is irrelevant for the validity of the rental agreement that you have not yet moved into the apartment.

Negotiate amicable termination of the contract

• If you have no good reason to cancel and you don't necessarily want the notice period either all you have to do is speak to the landlord and ask him to cancel the lease do. The fact that you might present him with a replacement tenant can certainly encourage his willingness to compromise. However, a replacement tenant alone does not justify moving out early. The landlord does not have to accept a replacement tenant.
• You can also offer the landlord that you can pay him the expenses incurred as a result of your premature termination of the contract (agency commission for the estate agents, Newspaper advertising costs) if he prematurely releases you from the rental agreement before you move in.