Germany: If a tenant secretly registered tenants in a rented apartment

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– Good afternoon, favorite newspaper!

Thank you for the column “I have the right”. She helped many of our acquaintances to get out of a difficult situation. Now we are addressing you too.

My brother bought an apartment with the tenants living in it. He bought it exactly as an investment, so that later, in 10 -15 years, he could declare his own need.

In the future, he and his wife plan to move there, and give their two-family house to two children. The apartment is two-room, almost 60 meters. This is an attic (under the roof). There are very high ceilings. Therefore, the former owners made the second floor, where the child can be without any problems. The ceiling height is 2 meters. The apartment is cozy.

BUT! Initially, the lease was concluded with a woman who lived there with her son for 3 years. She is at the bottom, he is at the top. Everything was perfect.

Then the woman got married and gave birth to a daughter. As a result, 4 people live on 60 meters. The family is large, there is not enough space for them. The apartment is not being used as intended. The tenant constantly calls her brother and demands to replace either the dishwasher or the washing machine, now it has come to the toilet.

The equipment is used 3 times more than expected. Yes, and four of us cannot live there. Are there norms?

When my brother bought the apartment, he did not raise the rent. Now I figured it out and found out that the cost, which has not been raised for 6 years, is rented out much lower than the market value. He will raise, of course. the price. But, if the family does not leave after that, is there a letter of the law that allows this family to be expelled from the apartment?

And here is the question: should the owner change the refrigerator, dishwasher or should the tenant change? Thank you!

The woman is German. He works as a cashier, but constantly claims that he knows his rights and will defend them. Especially against those who came in large numbers. This is her about my brother, after he handed her the news of the increase in rent. Thank you.

Luda F, Dresden

– Dear Lyudmila!

The area of ​​law governing the rental of residential premises has been and remains influenced by social norms. In this case, the tenant’s rights are protected in a special way. In particular, this is reflected in the fact that the landlord cannot just, on his own initiative, terminate the contract, as the tenant can.

Termination of the contract by the lessor is possible only if there are special reasons. In each specific case, you need to look to see if there are these reasons. Except for general cases, such as non-payment of rent, there may be cases provided for by the contract itself.

So in the described case, you need to see if the tenant had the right to “bring” two additional persons to the apartment. You can look at the registration of new arrivals and, if necessary, prevent it.

As for the equipment in the apartment, there is no obligation to provide such equipment. Therefore, the contract must stipulate that the tenant must recover damage from damage to property.

The obligation to repair the dishwasher lies with the lessee, unless otherwise provided by the contract.

The page was prepared by lawyer Maxim BRITANOV,

Fachanwalt für Familienrecht, Integrationsrecht,

Law Office Fabrika Prava

Britanow & Dr. Hirsch

Tel .: +49 (0) 69 26 49 22 420

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