Ende Vertrag

[JUSLINE]

I rented an apartment for 10 months (because my initial job contract in Vienna was only 10 months), the contract ends February 28. The landlord and I agreed verbally that if my work contract was extended I could stay longer in the apartment. I have now a job contract for 1 year. The landlord asked me whether I wanted to extend the rent and I said yes. today I called him to ask about when to sign the nr=ew contract and he said that two people want to see the aprtment tomorrow and he might be renting it to them because they are friends of him. Do I have any rights? I would like to stay in the apartment and we had orally agree to me staying beyond the contract. (Note: you can reply in German). Danke!

[MEMIL]

Unfortunately, according the austrian Rentinglaws you do not habe a right to stay, because your agreement with the owner wasn’t written. But perhaps you could stay for other reasons (illegal duration time from just 10 months). Let someone (Mieterorganisationen) to control your contract and confirm if you really don’t have any rights.

Regards,

MEMIL

[JUSLINE]

First of all thank you very much for your prompt reply. What I have is an email from him from last month asking wether I want a Vertragsverlangerung and that I have until the end of the first week of January to answer yes or no.I answered yes to his email (also by email), that means that I have that written. Would that give me any right to stay in the house? Thank you again. Vielen Dank.

[MEMIL]

Yes! It could be a written confirmation, that your contract has been renewed. You should now write him again and tell him that you consulted a lawyer and that your contract is already renewed. In any case I would advice you to contact him and try to find a solution and avoid a trial, which would be expensive. The problem is just, that these agreement to renew the contract isn't eventually especifically enumerated with all conditions for the following Rent. In this case he would try to bring you in a position that you could hardy prove what you agreed. All you can prove ist what stays in your Mail.

Regards,

MEMIL

[JUSLINE]

Thank you again! You are very qucik and clear in your answers. I have already tried to find a solution with him, the problem is that he wants to rent the place to some friends. In his last email he said that the rent would go from 900 to 980 and that I would have to pay 1000 for painting at the ned. I replied yes , I want to rent the place. Isn't that already a contract then? he wants his friend to visit the apartment next week. Do i have an obligation to show them the aprtment if the landlord offered me to extend the contract I answer yes and suddenly he says: "sorry, other people want to see the apartment". Thank you again. Kind regards

[MEMIL]

No! If do have so many material to confirm you renewed the contract, you don't need to let him in. You just must make him clear that you did accept the conditions he posed and that will stay fuhrter on in the flat. You can tell him you are willing to finish the contract as soon as you find another flat, but you will not allow him to come in before that. Perhaps he will accept it and will let you stay there. When not, you will may habe problems with him, but you didn't do anything wrong.

Regards,

MEMIL

[JUSLINE]

Thank you very much, you are very helpful. I will post the information with what happened in the end once this situation is clarified. Have a nice weekend!