Interim tenancy and furnished living for a limited time: what applies?
A shared-flat room for a semester, a furnished flat for a few months: an interim tenancy is practical but not without legal issues. What matters is which type of tenancy exists, because your protection depends on it.
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What you should do now
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1. Clarify the constellation
Your own self-contained flat or a furnished room in the landlord's flat?
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2. Check the fixed term
Is there a statutory ground for the fixed term? Otherwise the contract counts as open-ended.
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3. Contract in writing
Record the rent, duration, furnishing and deposit in writing.
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4. Mind the termination rules
For furnished living in the landlord's household, eased termination rules apply (§ 549 BGB).
Frequently asked questions
Do I have tenant protection in an interim tenancy?
In principle yes; an interim tenancy too is a tenancy with tenant protection. An effective fixed term needs, as with any residential lease, a statutory ground for the fixed term; if it is missing, the contract counts as open-ended. An exception is furnished living space that is part of the flat the landlord himself lives in.
What applies to a furnished room in the landlord's flat?
Here the protection is limited: for furnished living space that is part of the flat the landlord himself lives in, the law provides for eased termination possibilities (§ 549 BGB); the landlord can under certain circumstances terminate without the grounds otherwise required. So check carefully which form of living is agreed before you move in.
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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.