Situation. Uncle wants niece raushaben of a residential and commercial building. The rent has been Cas

Situation.

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?

The best answer

My question may / may uncle accuse it? Is it in the right?

It depends:

  1. De jure, a legally incompetent owners no Mietverftrag close yet received a tacit tenancy :-(
  2. Now accordingly thinks not incapacitated, but proves times that knew the owner / landlord at the time of Wohntraum transfer what he did :-(
  3. 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.
  4. 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.
  5. 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

G imager761

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.

Date: 2019-04-28 Views: 0

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