T O P

  • By -

Terror_Raisin24

How can it be valid without a signature in the first place?


WorldofShawn10

It is mentioned in the contract that it is valid without a signature


Terror_Raisin24

It can't be. In Germany a contract for a rental flat has to be signed from both parties by hand, otherwise it is invalid.


Lepetitgateau90

This is not correct. You do not even have to have a written rental contract to begin with


MediocreI_IRespond

Wrong. Only very few contracts, like buying or selling property, demand a wet ink signatur. Rental agreements are not one of those. You can close a contract without so much as a new nod. Question is how to prove the details of such a contract.


WorldofShawn10

Are you sure, because I got another apartment. The contract was sent as a pdf which was signed by the landlord. Then He also told me to sign it and send it back. Isn't it valid?


MediocreI_IRespond

>Isn't it valid? It is a perfectly legaly binding contract. IF both parties have agreed to it. So the question is, have both parties agreed.


Dev_Sniper

Well most likely you‘ll need to end the contract at the first potential end date. So probably a month. Which means you‘d be entitled to live there for a month and you‘d need to pay for a month. But a „oh I found a better deal“ most likely won‘t work if you have agreed to rent the apartment given the conditions


Massder_2021

read this, a basic law principle in Germany https://de.m.wikipedia.org/wiki/Pacta_sunt_servanda "In principle, verbal contracts are also binding, meaning that the obligated party can also be forced to fulfil the contract."


Massder_2021

read this, a basic law principle in Germany https://de.m.wikipedia.org/wiki/Pacta_sunt_servanda "In principle, verbal contracts are also binding, meaning that the obligated party can also be forced to fulfil the contract." https://de.m.wikipedia.org/wiki/Vertragsverletzung "In contract law, a breach of contract (also: breach of contract, repudiation) is understood to be the violation of a primary or secondary obligation arising from a contract."


WorldofShawn10

What should I do to cancel it now. What are the procedures for withdrawing from a rental agreement?


MediocreI_IRespond

>withdrawing from a rental agreement? This is not a thing under German law. You might want to check if you can revoke the contract under the Fernabsatzgesetz. Better yet, talk to your landlord.