Uncle wants niece raushaben of a residential and commercial building. The rent has been given cash monthly / no lease previously available, the old owner's father uncle / grandpa of niece. Old Owner father / grandfather was represented on the basis of initial dementia for no longer competent. House / property would actually pass only with death of Uncle. Uncle represents condition niece must sign Uncle apartment immediately premises or a lease on the conditions. Furthermore, electricity and water supply of apartment pays Company / father's niece since the house even with the neighboring commercial building / property father is connected.
My question may / may uncle accuse the? Is he in the right?
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My question may / may uncle accuse it? Is it in the right?
- De jure, a legally incompetent owners no Mietverftrag close yet received a tacit tenancy :-(
- Now accordingly thinks not incapacitated, but proves times that knew the owner / landlord at the time of Wohntraum transfer what he did :-(
- And even when you have proven there (registration address, postal access) lived longer than 8 weeks, which could no longer be claimed as complimentary Logis a tolerated visitor, the uncle may, provided that he would be represented or caregivers, actually terminate.
- In addition to termination without notice and hilfswesie attractive wg. qualified rent arrears, the one not to invalidate conflicting, would relieved termination right extended period without giving a reason or subsistence termination into consideration.
- In result showing must entscheidenb whether you want to accept a now effective lease to conditions or is coming up on the road, but for qualified eviction with a mountain of debt to legal costs: -O
The rent has been given cash monthly / no lease previously available, the old owner's father uncle / grandpa of niece.
But certainly a lease exists, namely an oral, which is as effective as a written lease. The monthly rental payments bar you can prove through receipts hopefully.
Uncle represents condition niece must sign Uncle apartment immediately premises or a lease on the conditions.
Since it is a rental and not lending agreement must grandpa / or. uncle the lease effective gem as a supervisor in compliance with the statutory notice period. Terminate § 573c. For this he needs a legitimate reason for termination. A loan would be for example, where no lease payments would have been agreed.
A new lease agreement is not necessary - the previous oral lease is sufficient. Tenancy issues such as notice periods, etc. then governs BGB. In general, one can even say that the tenant, drives better than a written lease with an oral lease.
Furthermore, electricity and water supply of apartment pays Company / father's niece since the house even with the neighboring commercial building / property father is connected.
who pays what is mietrechtlich irrelevant. Electricity for the apartment anyway contain very rarely in the apartment utilities - usually includes here the tenants anyway even a contract with the energy supplier. This can eg be for the water way.