Return of the rented apartment - what the law says

24.08.2019

Appointment

The renter is obliged to return the apartment to the landlord. This also means that he has to take care in time for a return date of the apartment. This date should be before the end of the tenancy. The landlord has no obligation to offer the tenant a flat transfer date. He must, however, participate in the return of the apartment. If he does not accept the offered transfer date and offers no alternative date or rejects the return unjustified, the landlord is in default of acceptance. He can then demand no further rental payments after the contract has been terminated by the renter.

The eviction

The tenant must remove all his furniture from the rented apartment, but also all ancillary rooms - such as basement but loft. In the case of a partial eviction, the landlord was not granted sole ownership of the rented apartment. Thus, there is no return of the rental apartment. The landlord is withheld by the BGH (May 11, 1988, VIII ZR 96/87) by the entire rental apartment.

Hand over the keys

The renter must hand over all the keys which he has received at the time of collection or at a later time from the landlord or has himself made. If a personal meeting between the two tenants can not be set up, the landlord can authorize a person to receive the keys. However, it is not enough for the renter to insert the keys in the landlord or manager's mailbox. This does not apply immediately as return of the rented apartment. Even handing over to the caretaker is not enough, as this usually does not have the authority to take the keys for the landlord in receipt.

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