contract-law rental-property germany
What if I don&#39;t pay the deposit of a rental contract?
<p>Here is the situation:</p>
<p>I've just moved to a new flat in Germany, and my contract states that I need to pay a certain amount of deposit to my landlord. However, I really didn't like the flat from the first date and would like to move out, if possible, tomorrow.</p>
<p>What happens if I don't pay my deposit? Can the landlord sue me?</p>
<p>I want the contract to be terminated as soon as possible; I don't want to live here. What can I do to make her terminate the contract given that I haven't paid the deposit.</p>
<p>Note: I've sub-rented the apartment.</p>

<h2>You have a contract - if you break it, you can be sued.</h2>
<p>A contract is a legally binding promise that the state (through its courts) will enforce. You promised to pay the deposit - you must pay the deposit. You promised to pay rent on a regular basis for the period of the lease - you must pay that rent.</p>
<p>You don't want to live there? Fine, the lease probably doesn't require you to. So long as you keep paying the rent, you don't have to.</p>
<p>If you break the lease, then the landlord can sue you for the damage that they suffer - this is typically the value of the rent until they can find a new tenant and if that tenant is paying less than you, the difference between that amount and your rent for the balance of the lease.</p>
<p>If you want to renegotiate the contract (for example, to end it early), you will need to <em>ask</em> your landlord but they are under no legal obligation to release you from it. They may be willing to do so out of the goodness of their heart and/or if you pay them.</p>

<p>In <strong>Germany</strong> is the situation as following:</p>
<p>As already answered, if you don't pay the deposit, <strong>you can be sued</strong>. Here is a Google translation from <a href="https://www.haufe.de/immobilien/verwaltung/mietkaution/der-mieter-zahlt-nicht-was-tun_258_159850.html#:%7E:text=Wenn%20der%20Mieter%20die%20Kaution%20ganz%20oder%20teilweise%20nicht%20zahlt,Bezirk%20die%20Wohnung%20liegt%2C%20zust%C3%A4ndig." rel="nofollow noreferrer">here</a> (&quot;Tenant does not pay deposit - what to do?&quot;)</p>
<blockquote>
<p>If the tenant does not pay the deposit in whole or in part, the landlord can collect it in court. To this end, he can either file a lawsuit or apply for a payment order.</p>
</blockquote>
<blockquote>
<p>Since the change in tenancy law in 2013, non-payment of the deposit has been expressly provided as a reason that entitles the tenant to terminate without notice. Accordingly, landlords can terminate without notice without warning if the tenant is in arrears with the payment of the deposit in an amount that corresponds to two basic rents.</p>
</blockquote>
<p>And <a href="https://www.mietrecht.org/untervermietung/untermietvertrag-kuendigen/" rel="nofollow noreferrer">here</a> is in detail &quot;<strong>Terminating a sublease</strong> - this is how the main tenant or subtenant proceed&quot; (again Google-translation):</p>
<blockquote>
<p>When it comes to terminating the sublease agreement, it depends, among other things, on whether the parties have agreed a time-limited sublease agreement or a time-unlimited sublease agreement. In order to clarify this question in detail, the agreed sublease agreement can be viewed.</p>
</blockquote>
<blockquote>
<p>A temporary sublease contract cannot normally be terminated prematurely by either party before the agreed rental period has expired. Each party must wait for the rental period to expire. The lease then ends automatically without the need for notice.</p>
</blockquote>
<p>In case of a unlimited sublease contract it makes a difference it you subrent a room (here again different if with or without furniture) or a whole apartment. In case you subrent an apartment the website cited above says</p>
<blockquote>
<p>The tenant can, on the other hand, terminate the contract as normal with the normal notice period of 3 months.</p>
</blockquote>
