rental-property germany landlord residential-lease tenant
Does a landlord have the right to force me to evacuate the room I am subletting before the last day of the tenancy contract?
<p>I am subletting a room in a university hostel from a friend who is technically my landlord. The contract ends on the 28th of February. I have been away from the country and will be back on 25/02/2021. The tenant I am subletting from is sending the following messages to me, making demands.</p>
<blockquote>
<p>I'm arranging for someone to collect the spare key and bring yor stuff out of the room since the key you sent is being delayed.
If you'll arrive during work hours, it will be good to bring the key when you arrive. If not, he will bring the key before you arrive and keep your stuff in his room
Normally they allow only 30mins to return the key to them</p>
</blockquote>
<blockquote>
<p>Now, the room needs to be evacuated before end of this week. If you’ll arrive during work hours, he will wait for you. If not he will collect the key ahead of your arrival to make sure you get your stuff at all. Otherwise, you won’t have your stuff.</p>
</blockquote>
<p>I don't have the key because he requested I send it to Germany because he needed to get in to access property he was selling.</p>
<p>I wanted to leave the property on 01/03/2021, and pay any fines from returning the key a day after the contract ends on 28/02/2021.</p>
<p>Does a landlord have the right to force me to evacuate the room I am subletting before the last day of the tenancy contract?</p>
<p>Can I call German police on a tenant who wants me to evacuate the room I am subletting before the last day of the tenancy contract?</p>
<p>I would like to know what actions I could take.</p>

<h2>If the last day is a holiday, Sunday or Saturday: No.<br />Otherwise: It depends.</h2>
Pursuant to § 546 BGB, tenant must return the rented object after the end of the lease. <a href="https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p1998" rel="nofollow noreferrer">https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p1998</a>
<p>If this were taken literally, it would mean that the rented object is due for return at midnight. However, nobody can reasonably demand handing over a rented object at such an unearthly hour. Now the question is, if the landlord can't demand handover at midnight, when shall the object be handed over then?</p>
<p>One thing that is clear is that if the last day of the month falls on a <strong>public holiday or a weekend</strong>, landlords cannot demand that a rented object be handed over on that day. In this case, the rented object needs to be handed over <strong>on the next business day by 12h</strong>.</p>
<p>In your case, you happen to be lucky because 2021-02-28 happens to be a Sunday.</p>
<p>If the lease was to end <strong>on a business day</strong>, things would be a bit more complicated because there is no BGH judgement yet on this matter, so lower courts hold <strong>different opinions</strong> on this question. Some courts claim that the rented object must be returned on the last day of the lease, others say it's the first business day that follows.</p>
<p>Btw, there would be no fine for returning the rented object one day late. All you would have to pay for is “usage compensation”, i. e. 1/31 of the monthly rent for each day you occupied the rented object.</p>
<p>Further reading (in German): <a href="https://www.mietrecht.org/kuendigung/letzter-miettag-wochenende-feiertag/" rel="nofollow noreferrer">https://www.mietrecht.org/kuendigung/letzter-miettag-wochenende-feiertag/</a></p>
