Apartment viewings are often the first sign of a potential termination of personal use. Signaling reluctance can put off some prospective buyers. Even if estate agents often signal to them that a “termination for personal use” is not a problem, prospective buyers also shy away from problems.
It therefore makes sense to make it clear during the sales process that you are a reluctant tenant.
1. Communication with the property management
At best, communication with the property management company should be switched to postal communication in order to have more time for legal advice and support organization, for example in the face of apartment viewings etc.
2. First viewing by estate agent
Estate agents tell you the truth → Tenants should not trust estate agents.
Do not allow photos! Photos of the apartment may only be taken if the tenant tolerates this. Otherwise, it violates his/her constitutionally protected privacy. To be on the safe side, tenants can be asked to leave their camera or cell phone visible at the front door.
Witnesses should accompany any form of viewing appointment. The easiest way to do this is with an organized community. This can have a certain deterrent effect on estate agents.
In combination, one strategy is to ask the landlord in writing for the first time for a termination protection clause . This clause must (a) specifically name the tenancy agreement and say that it will become part of the tenancy agreement and (b) state that the landlord waives personal use according to the BGB definition. It would then read something like this:
“Addendum to the tenancy agreement of …The parties to the tenancy agreement agree, in addition to the tenancy agreement of …, to exclude terminations pursuant to Section 573 (2) Nos. 2 and 3 BGB, in particular due to personal use and lack of economic usability for the duration of the tenancy.”
Letters to owners can be delivered by messenger or collectively at their place of residence.
It is conceivable to collectively make viewings so difficult that owners are under pressure to include the clause in the tenancy agreement. However, this could entail a number of risks.
3. Purchase inspections are initiated
- Finding an appointment can be made more difficult by the repeated naming of alternative dates/cancellation due to illness etc.. This is where communication by post proves extremely effective. However, suggestions must be responded to and appointments must always be made possible. 1 hour (as a collective appointment) tends to be sufficient per week.
- Tenants can limit the viewing to 3-4 people. Usually 15 minutes are scheduled per party.
4. Viewings by prospective buyers
What people can do during viewings varies greatly. Some owners issue warnings for even the smallest incidents, others are less hasty. Warnings are not to be trifled with, and behavior that leads to warnings that could stand up in court should be avoided. It is generally important to communicate with the property management and owner in a friendly tone. The following are two risk levels of disturbance during inspections, depending on the owner’s assessment – these are rough recommendations that are best discussed with experienced tenants.
Always feasible
- The identity of the viewers may be requested prior to the viewing. They must be identifiable to the tenants.
- Witnesses should accompany any form of viewing appointment. Neighbors can be introduced as such and it can be said that people in the house are very good friends. This can be a few people. It makes all the more of an impression if these people show a certain amount of attention to the visitors.
- Tenants can say that they have legal expenses insurance and would like to stay in the apartment. Posters can adorn the walls, tenant organizations can be signaled, for example, and booklets from the tenants’ association etc. can be visibly displayed.
- To protect privacy, shelves and furniture/things can be covered with fabrics, for example. The apartment must remain visible.
- Tenants do not have to be present themselves and can also consider having someone they trust represent them. This can be a relief for some tenants. On the other hand, it can be more impressive if the tenants themselves speak up to the owners.
- Curtains can be drawn in the home as long as everything is still clearly visible, or bright lights can be switched on.
- Something strong smelling can be cooked.
- The interested parties can only be admitted individually (buying party, those who make the purchase decision). It is not necessary for the entire family to be admitted, or small groups can be formed one after the other.
- Neighbors could stand silently in the hallway/their apartment doors.
- It is also conceivable that a large number of neighbors gather in front of the house, without signs and without slogans, simply standing quietly in front of the house. If there really are a lot of people, there should be some kind of briefing.
Somewhat riskier, depending on degree of organization & willingness to take risks
- If you are networked in the house, it is possible to let the neighbor above you be a little louder on a trusting basis, or other neighbors can play music in the house. The appearance of the hallway can possibly be changed by other people.
- In such situations, tenants can turn to tenants’ initiatives, which can invite people to disrupt the viewing. You should not invite them yourself. It can be clarified in advance how far something like this can go. There have already been viewings where naked people have walked around, where sit-ins, concerts, demonstrations, picnics etc. have been organized in front of the house. No one can prove that the tenants have invited people and yet there may be warnings that will probably not stand up if the case ends up in court. Whether such a procedure is advisable depends on the risk appetite of those affected. Many buyers have been deterred in this way. Such an action is unlikely to be repeated after a warning.