contract-law germany residential-lease email signature
Is an email legally binding for booking an apartment in Germany?
<p>I am a visiting scientist in Heidelberg, Germany. I was unsuccessful in my search for a private apartment in town so I made a reservation request with the University guest house. They sent me a booking offer by email for a rental starting January 19th, including terms and conditions, and asked me to formally accept it by email last week, which I did.</p>
<p>Now, one week later, I finally found a real apartment much better suited to my needs (e.g., it's available sooner) and asked the guest house to cancel my booking. However, they insist on applying the cancellation penalty, which is 1 month of rent. It supposedly applied to any booking cancelled less than 2 months before the start date, unless they find a new tenant.</p>
<p>I find this quite unfair because I only &quot;locked&quot; their apartment for 7 days. But my question is about the legal aspect: I didn't sign anything, and didn't transfer any money. My understanding is they plan to send me an invoice by mail and sending me to court if I don't pay it.</p>
<p>Hence my question: was my email confirmation legally binding? Would they win if they take me to court?</p>

<p>In most jurisdictions a message sent by email is now legally the same as one sent on paper by, say, postal mail, and a name typed at the end, or other indication of source is the legal equivalent of a physical signature. You are probably in the same legal position yu would have been in if you had written, signed, and sent by post a letter of acceptance.</p>

<h2>Acceptance of an offer forms a binding contract under <a href="https://www.lexology.com/library/detail.aspx?g=1ad75459-efbc-434a-9539-63da32e3ef30" rel="nofollow noreferrer">German</a> law</h2>
<p>You can accept a contract orally, by action or, as you did, in writing.</p>

<p>Under the condition that a rental contract is unrestricted in time, it can be done <strong>orally</strong>. The conditions set out in the BGB (civil code) are then binding.</p>
<p>Otherwise it must be in writing, unless both parties agree to an eMail form and the contract does not state <strong>explicitly</strong> that it <strong>must</strong> be in writing.</p>
<p>Once signed (for eMail: after it has been sent and available to the recipient), it is binding (i.e. no right to withdraw within a certain period).</p>
<p>Giving notice must always be done in writing.</p>
<hr />
<p><strong>Sources</strong>:</p>
<ul>
<li><a href="https://www.deurag.de/blog/mietvertrag-per-e-mail/" rel="nofollow noreferrer">Mietvertrag per E-Mail – gültig oder nicht?</a></li>
</ul>
