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Apartment rented twice: who gets it and what claims you have

If the landlord has rented the same apartment to two parties, they can of course hand it over to only one. Both contracts are initially valid, but who ultimately moves in and what claims the other side has depends on handover and the landlord's fault.

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Your chances of getting your money back

Both rental contracts are in principle effective. Whoever receives possession of the apartment can usually stay in it; the other has claims against the landlord.
If you cannot move in because of the double letting, you are entitled to damages (§ 280 BGB), for example for the extra costs of a replacement apartment, move and hotel.

What you should do now

  1. 1

    1. Clarify the contract and handover

    Check whether and when keys/possession were handed over to you. Possession is often decisive.

  2. 2

    2. Request the landlord to perform

    Demand the handover of the apartment on the agreed date and set a deadline.

  3. 3

    3. Document the damage

    Collect all extra costs: more expensive replacement apartment, move, storage, hotel, double journeys.

  4. 4

    4. Enforce the claims

    If you cannot move in, assert damages. Because of the legal subtleties, legal help is sensible.

How to spot the scam

  • The landlord evades the key handover or postpones it several times.
  • Suddenly someone else lives in 'your' apartment.
  • You are offered, without a valid reason, to withdraw from the contract.

Frequently asked questions

Who may move in in the case of double letting?

As a rule the party that receives possession of the apartment (keys/handover). Both contracts are effective, but the landlord can perform only one. The tenant who goes empty-handed has claims against the landlord.

What damages can I demand?

If you cannot move in, the landlord reimburses you for the damage incurred, such as the extra costs of a replacement apartment, moving and storage costs, hotel costs. The condition is their fault (§ 280 BGB).

Can I insist on the handover of the apartment?

As long as possession has not yet been provided to you, you can demand performance. But if the apartment has already been handed over to another, it usually comes down to damages rather than moving in.

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.