Dual Tenancy – A dual tenancy occurs when the landlord enters into a lease with two tenants at the same time, or before the previous tenant has moved out, enters into a lease with a new tenant. The rule is that the first tenant has more rights than the new tenant. In such a case, the new tenant is entitled to claim damages from the landlord. If two tenancy agreements are concluded at the same time, the landlord has the right to decide who should move in and must pay damages to the other person. Double leasing also occurs with holiday homes and parking spaces for cars. Double letting is particularly annoying for commercial premises, as businesses plan to move in and can face serious structural problems as a result. In each of the cases, one is also entitled to damages.
Double leasing at a glance
Landlord concludes rental agreement with two tenants
First tenant has more rights than new tenant
If the contract is concluded at the same time, the landlord may decide who is to move in
Also for holiday homes, commercial premises & parking spaces for cars
