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Emergency

Pretended personal use: damages when the termination was a lie

You moved out because of personal use, but shortly afterwards a stranger moves in or the apartment stands empty? Then the personal use was possibly only feigned. In this case you can demand damages, for example for the move, broker costs and higher rent.

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Your chances of getting your money back

If the personal use was feigned, you are entitled to damages for breach of duty (§ 280 BGB); reimbursed are, for example, moving and broker costs as well as additional rent costs.
You must show that the stated personal use did not exist. Indications are, for example, a new letting to third parties or a longer vacancy shortly after your move-out.

What you should do now

  1. 1

    1. Observe and document

    Record who moves in after your move-out, from when and whether the apartment stands empty or is newly let or sold.

  2. 2

    2. Secure evidence

    Doorbell nameplate, listings, witnesses, advertisements, anything that shows that the person named for personal use did not move in.

  3. 3

    3. Compile the damage

    List your costs: move, broker, renovation, double rent, higher new rent.

  4. 4

    4. Assert the claim

    Request the landlord in writing to reimburse. Because of the evidentiary questions, legal help is worthwhile.

How to spot the scam

  • The apartment is newly advertised shortly after your move-out.
  • The person named for personal use never moves in.
  • The landlord evades questions about the actual use.

Frequently asked questions

When is personal use feigned?

When the need stated in the termination letter in truth did not exist, for example because the named person never moves in, or the apartment is sold or let to strangers. Then there is a breach of duty.

What damage can I demand?

Typical are moving costs, broker fees, renovation costs and the difference to a more expensive new rent for a certain period. The exact scope depends on the individual case.

How do I prove this?

Through indications such as listings, doorbell nameplates, witnesses and the timeline. Providing evidence is demanding; get legal support, especially for higher amounts.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.