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House contract Termination before notice period in case of Auslandamt asks to leave county
Posted on 23/05/2005 4:13 pm
House contract Termination before notice period in case of Auslandamt asks to leave county
Friends,
I have peciluer situation where auslandamt asked (Notice date 21.04.2005 )me to leave Germany by 30.06.2005.
Now since I have notice period for terminating contract is of 3 months. I gave notice on 28th April, 2005 means I have to pay rent of July even though I wont be living here, even though its not my fault that I have to leave the country.
From some friends I came to know that if I am forced to leave the country by law all my contracts in country automatically becomes null and void from the day I leave Germany.
I will highly appreciate if some one can provide me concrete answer in this regards so that I can ask my landlord not to charge me for the month of July, 2005.
Thanks
Yogi
yverma13
Member since 23/05/2005
Posted on 23/05/2005 4:20 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
If you are forced to leave from a country, automatically all contracts become void. The contracts you have signed are valid only you have a valid visa. But this does not apply to income tax or other government related issues. If you have defaulted your tax, you may not be able to enter into the country again.
Asian
Member since 24/08/2004
Posted on 23/05/2005 4:54 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
Hi!
My name is sabine, I am a lawyer and I do not share Asian`s opinion. The cancellation period for extraordinary notice of cancellation is three month. The law (§ 573 d BGB) says that the cancellation is allowed the third day of the month for the end of next but one ("übernächster" ) month. Therefore with your announcement from the 28th of April you will have to pay the month July (There is only one exception, if the landlord lives in the same house and has put all the furniture in, but I do not think that this will be the case). Maybe you will find a solution by talking to your landlord and finding a next tenant for the month July. If you need further advice write to reeder@trust7.com
Regards Sabine
sabine
Member since 02/12/2004
Posted on 23/05/2005 7:38 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
Hai Yogi,
I am very sorry for your situation,,,,,, but could you please tell us what reasons Auslanderamt has to send you that letter?
Thanks
indgerauslieswi
Member since 23/05/2005
Posted on 24/05/2005 3:24 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
Thanks Sabine for your kind Information.
For Indu
In fact I lost job because of outsourcing in Jan 2005 after working 3 years in germany and Ausland sent a letter that either I find a job before June 2005 or leave. Earlier it was the case that if you have worked in Germany you can avail unemployment for one year and search job. Now as per auslandamt I have to leave within 6 months. Their point is my visa (clause written in VISA) is connected to my job. If I loose job my visa itself is not valid. So in effect the concept of green card for 5 year is kind of misleading if there are clause defining the above.
Thanks
yverma13
Member since 23/05/2005
Posted on 24/05/2005 3:35 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
Hi Yogi,
Screw the ABH-Notice, since you have worked 3 years in Germany, you are entitled for BE, then just take a temp position in McDonalds/Subway/Burgerking/Dönnershop until you find a suitable job. You can stay here forever....cheers!!
________________________________________
Akshay
Member since 21/03/2005
Posted on 24/05/2005 3:42 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
@Yogi:
ABH asked you to leave and so you started packing? Dont be silly. If you know from your conscience that you havent done anything illegal, get a good lawyer and fight your case. The VPMK lawyers suggested by trust7 are competent.
http://www.trust7.com/en/services/visa
fred
Member since 15/04/2004
Posted on 24/05/2005 6:24 pm
Re: House contract Termination before notice period in case of Auslandamt asks to leave county
Hi Akshay and Fred,
Friends thanks so much. I already had other court cases like with employer. And to be honest I am tired of beaurocratic set up at Germany. So intentionally I am not filling case. I have plan to chill out for 3 months after June.. go India and have some nice time and then go back from where I came from i.e. USA.
In fact they cant (ABH) throw me out even if thay want because I have Spanish residency.
But thanks for your advice and thaughts for me.
Regards
YV
yverma13
Member since 23/05/2005