─ Hello, dear editorial staff, employees of the column “I have the right”!
An acquaintance of mine moved to Germany. His financial situation is not very good yet. He lives with friends, relatives, and is registered in my apartment. The fact is that my German neighbor, who constantly keeps order, saw the second Russian name on the call and came to me with questions, even if it was not my lover, because “she saw enough of us Russians in due time” … I would write off these attacks on senile marasmus, but she threatens to inform the owner of the apartment. Well, he also scares that he knows that I get money for the stay and I don’t report it anywhere.
Should I inform the owner that I have registered another person to the apartment, even if he does not actually live here? Do I have the right, in theory, if the owner allowed a friend to live, not to charge him? I suppose that the rate for garbage collection may rise – this does not bother me. Water, gas, electricity are paid after the fact, so this, in theory, is not a problem. Thank!
Peter S., Berlin.
─ Dear Peter!
If your acquaintance is registered in your apartment, then the owner of the apartment somehow agrees that he lives in the apartment. After all, when registering for several years, the consent of the owner is again required, the administration requires the provision of an appropriate form (Wohnungsgeberbescheinigung) when registering.
From the point of view of civil law, the obligatory or non-obligatory consent of the lessor to the addition (sublease) follows from the lease agreement. The contract often prescribes a mandatory consent to subletting (Untermiete), or it is indicated that, under the contract, only a certain circle of people can live in the premises.
Violation of this condition may lead to the obligation to compensate for damage, that is, to pay higher rent and higher utility bills.
Maxim BRITANOV, attorney.
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