Tenancy without a lease: advantages and disadvantages for tenants
A tenancy can also come into effect without a written tenancy agreement. Read here about the advantages and disadvantages that can arise for you as a tenant if you only live in an apartment on the basis of a verbal agreement.
Tenancy without a written tenancy agreement
- The law does not provide for a special form for a rental agreement, so you can not only conclude it in writing, but also orally. However, only an unlimited tenancy can be justified orally. If you would like to enter into a fixed-term tenancy, for example for a year, you need a written tenancy agreement.
- In the case of verbal contracts, of course, the individual agreements made apply, but there are regular problems with evidence when agreements are made without witnesses.
- If you have not made any further agreements apart from the rent or Nobody knows what was discussed a long time ago, all mutual claims from the tenancy are based on the statutory provisions, ยงยง 535 ff. BGB.
Notice periods and maintenance obligations
- A significant advantage for you as a tenant with a tenancy without a written tenancy agreement is that you are not required to carry out cosmetic repairs. Because according to the legal regulations, the landlord always has to take care of the maintenance. This obligation is regularly passed on to the tenant by form rental agreements.
- Another difference is with regard to the billing obligation for operating costs. An oral rental price agreement without further details is always an inclusive rent. That means you pay a flat rate for usage and extra costsregardless of actual consumption. If you as a tenant produce high consumption costs, your landlord pays the rest out of pocket. If you use little, you will not receive a refund.
- The statutory provisions apply with regard to the termination options and deadlines. The claims for a reduction in price in the event of defects and for the return of the rented item also exist as in the case of a written contract.
- Quit However, you must always have a rental agreement in writing, as there is a legal form requirement.
No notice period in the rental agreement - information
The issue of notice periods is important for tenants and landlords of living spaces ...
A Tenancy without written rental contract can therefore offer you as a tenant some advantages. In the event that you would like to apply for social benefits such as housing benefit or Hartz IV, you will run into difficulties without a detailed contract. In these cases, you must ask your landlord to confirm in writing at least the basic rent, the size of the apartment and the operating costs.
