In Munich, a couple plans to move in together and applies to an advertisement for a three-room apartment on August 13, 2019. Among 60 applicants who were invited to a viewing appointment, the landlords decided to rent the apartment to the couple, namely on 01 October 2019. The commissioned broker issued the commitment of the landlords to the couple by telephone on 05.09.2019. At that time, the couple was on vacation and was scheduled to return from it on 09/16/2019. After that, the lease agreement should be signed. During this time, the broker drew up a lease that the owners had already signed. The broker cancelled the other applicants.
In another call to the couple on Sept. 17, 2019, the broker learned that the prospective tenants had decided not to move into the apartment and not to enter into a rental relationship. They justified the decision by saying that during their vacation they realized that they did not want to move in together after all. Despite a new advertisement of the apartment by the broker immediately after the couple's notification, as well as an open viewing appointment on 20.09.2019, no rental agreement was concluded with an interested party as of 01.10.2019. As a result, the owners sued and demanded that the couple pay the costs for the loss of rent for October 2019 in the amount of 1,450 euros as well as the extrajudicial attorney's fees in the amount of 201.71 euros by 30.09.2019 (AZ 473 C 21303/19).
From the owners' point of view, a legal contractual relationship with mutual obligations had also come into being between the two parties as a result of the verbal commitment and the willingness to sign the contract. The Munich Local Court takes a different view and rejects the landlords' claim for compensation for the loss of rent. According to the court, the prospective tenants had not received a draft rental agreement by the time its decision was announced and were therefore not obligated to pay for the loss of rent. Even if a rental agreement can in principle be concluded without any formalities pursuant to Section 550 of the German Civil Code (BGB), this does not apply here. This is because the rental parties agreed that the contractual relationship must be concluded in writing with a rental agreement. This did not take place. Therefore, a liability according to § 311 para. 2 BGB is excluded.
Source: AG Munich
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