Reader question: Which time points and declarations determine a possible continuation under § 545 BGB?
The German tenancy should already have ended. You continue to use the flat. In the meantime it is unclear whether a contractual extension has occurred or whether the landlord still requires return. A further bank transfer alone does not resolve this dispute. What matters is the complete sequence of events after the relevant end of the tenancy.
§545 BGB regulates a possible tacit extension for an indefinite period if use is continued after expiry of the tenancy and an opposing intention is not declared in good time. [BGB545] Before planning on this basis, the contractual situation and the factual events must be examined.
Prove the asserted end date
Provide the contract, the notice of termination or other basis for termination and any subsequent agreements. Which day is considered the end by which party? A mere desired move-out date is not automatically the effective end of the tenancy. If the effectiveness of that date is already disputed, that preliminary question belongs in the advice.
Also read what provision the contract contains regarding §545, and have its meaning and effectiveness assessed for the specific case. This article does not confirm any arbitrary clause. An already signed express continuation agreement is likewise not treated as mere silence.
Describe the continued use in factual terms
Record how the flat was used after the relevant day and what handover actually took place. Who had which rooms and keys? What was agreed about a later return? The legal classification does not follow solely from the address registration date or a name still on the letterbox.
If the contract has ended, there is in principle an obligation to return under §546. In the case of retention, §546a can give rise to compensation. [BGB546][BGB546a] Therefore a payment after the end date can have different legal context. The description “rent” in your own transfer purpose does not alone prove that both sides accepted a new contractual status.
Keep two different commencement dates distinct
§545 names a period of two weeks for the declaration of an opposing intention to the other party. For the tenant side it begins with the continuation of use. For the landlord side it begins with knowledge of that continuation. [BGB545]
Therefore do not record only a common blanket start day. What knowledge is actually documented on the landlord’s side? Which declaration was made when to whom? Secure the content and any available proof of receipt. Whether an earlier declaration already legally operates as sufficient opposing will must be checked on the basis of the complete correspondence.
Hypothetical case with divergent dates
One party continues to live in the flat after the assumed end of the contract and later relies on more than two weeks having passed. The management states that it only became aware of this at a later date and also refers to an already existing letter concerning return.
For advice these points are set out in a timeline: assumed end, actual use, documented knowledge, declaration and receipt. The case is not decided by the fact that any date is now more than fourteen days ago. It shows why commencement and opposing will must be examined separately.
Clarify the result definitively
Record whether continued contractual existence is acknowledged, disputed or not yet examined. A mere supposition does not replace a clarified basis for long-term continued residence. If return is demanded or court proceedings are imminent, obtain individual assistance immediately. Confirmed contractual status, actual handover and any payments must ultimately fit together.