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Redemption agreement
Permissible, often sensible – but abuse prohibited. Replacement agreements are purchase agreements and are permissible. Here, the person looking for a flat undertakes to take over certain furnishings from the previous tenant when renting the flat. Such contracts can be very useful. Taking over the previous tenant's almost new fitted kitchen is usually cheaper for a home seeker than having to buy a new kitchen themselves.
However: In practice, the transfer agreement is often a ‘disguised’ distance, namely when ‘bulky waste furniture’ is sold at top prices. This is not permitted under the German Residential Property Act.
The price of the furniture must not be strikingly disproportionate to its value. Although not every excessive price demanded by the previous tenant is invalid, if the price demanded is more than 50 per cent above the current value of the furniture, the tenant may be entitled to reclaim it.
Example: The redemption demand amounts to 7,500 euros. The furniture sold is only worth 1,000 euros. The ‘tolerance limit’ of 50 per cent must now be added to this, so that the home seeker would have to pay 1,500 euros. He does not owe the previous tenant the remaining 6,000 euros. If he has already paid them, he can reclaim this amount. The claim for repayment expires after three years.