Landlord says you cannot have guests in your room

36 posts in this topic

Posted

Hi,

 

so here is the situation. A friend invited his parents to stay with him for several weeks. But now that they are arriving the landlord says it is not possible to have guests in your house.

Somewhere in contract it says it is possible but you should pay 2 euros per night! It is a one-room flat with no shared facilities.

So my question is that if the landlord can do that?

 

Best,

Arash

1

Share this post


Link to post
Share on other sites

Posted

Thanks sarabyrd,

 

My friend was really worried, but this is a relief.

0

Share this post


Link to post
Share on other sites

Posted

The landlord could, however, have a point regarding an Überbelegung - too many people in just one room. Three adults in a flat with just one room, and this for several weeks, looks very crowded to me.

How are the utilities figured out, water especially? If your friend has a meter and knows exactly how much water has been used, he'll simply get a higher bill next year. But if he pays according to the size of the flat (still sometimes done in older buildings), then basically the other tenants pay the bill for his parents. That's okay for some days, but not for several weeks.

If that's the case, the landlord has a valid point.

3

Share this post


Link to post
Share on other sites

Posted

Überbelegung can't be used as a reason if it's a temporary visit:

 

 

Eigentlich ist eine 1-Zimmer-Wohnung auf die Benutzung durch eine Person zugeschnitten. Theoretisch könnte der Vermieter also beanstanden, dass die Wohnung überbelegt ist, wenn Sie eine weitere Person (oder gar mehrere) ein paar Tage bei sich beherbergen. Die Rechtsprechung ist hier anderer Auffassung und meint, dass eine solche vorübergehende Überbelegung vom Vermieter 6 bis 8 Wochen geduldet werden muss.

Basically it must be tolerated if it's only a temporary thing and has to be tolerated up to 6 or 8 weeks.

 

So if it's less than that, then there's no problem.

 

As far as utilities go, I'm sure other people in the building also sometimes have guests over as well, maybe not for as long at one time, but maybe spread out over the year, so unless he constantly has visitors, I would think that the whole thing balances itself out over time.

1

Share this post


Link to post
Share on other sites

Posted

Some landlords insist that they be informed, in the event of a guest staying over for more than three days. It is just so that utilities and other costs be calculated accordingly. I think that is a fair deal! My landlord too falls in this category and so I put it in writing, send him an email. He never said no to having guests but then, I have not had visitors staying over for more than a week.

0

Share this post


Link to post
Share on other sites

Posted

Thanks a lot everyone,

 

For me also getting the money for longer (than 1-2 day) stay is understandable (to cover extra costs) but the refusing was not. Hopefully there won't be any conflict it is good to know that there is a law supporting our logic as well. :D

 

Cheers,

Arash

0

Share this post


Link to post
Share on other sites

Posted

 

For me also getting the money for longer (than 1-2 day) stay is understandable (to cover extra costs)...

 

But even this is not legal. As has been stated - any costs with regards extra utility charges are recovered from the tenant at the end of the year, so there's no reason to get any money off the tenant for having a visitor.

 

Or are there some other costs??

0

Share this post


Link to post
Share on other sites

Posted

Who stays over at your place should be your own decision. Unfortunately reality, especially for young people who have just moved to another country, often looks different than what's legal. Just ask my former landlady Lotti, who used to go through my underwear when I was out and spy on me when I was in the bathroom. I'm sure it's not easy being a landlord at times either, but there are some people who use property ownership/management to exercise control and wield power. And sometimes you can have all the law on your side, but still what can you do, other than have the occasional argument with the landlord, hope it will get better and then eventually find a new place? Well, hope this works out for the OP's friend, but I'm not holding my breath that there won't be trouble.

0

Share this post


Link to post
Share on other sites

Posted

Your landlady went through your underwear and spied on you in the bathroom? Sounds like an opportunity to me...

0

Share this post


Link to post
Share on other sites

Posted

 

Who stays over at your place should be your own decision. Unfortunately reality, especially for young people who have just moved to another country, often looks different than what's legal. Just ask my former landlady Lotti, who used to go through my underwear when I was out and spy on me when I was in the bathroom. I'm sure it's not easy being a landlord at times either, but there are some people who use property ownership/management to exercise control and wield power. And sometimes you can have all the law on your side, but still what can you do, other than have the occasional argument with the landlord, hope it will get better and then eventually find a new place? Well, hope this works out for the OP's friend, but I'm not holding my breath that there won't be trouble.

 

Which is why they come on here and ask questions.

 

I see where you're coming from, but pandering to their bullshit doesn't make things any easier. The more you let them get away with things, the more liberties they'll take. You have to stand up for your rights. You can't let a landlord get away with trespassing or requiring you to gain permission for having guests and then charging you extra for it. The law is on your side and they can't kick you out either.

 

So don't put up with it and insist on your rights as a tenant.

0

Share this post


Link to post
Share on other sites

Posted

Tell him politely to go and F**K himself, Landlords over here are so anally retentive it is unreal. You can have guests in ANY room, it's your right to support your friends and family when visiting.

0

Share this post


Link to post
Share on other sites

Posted

 

Your landlady went through your underwear and spied on you in the bathroom? Sounds like an opportunity to me...

 

Well she looked like the witch who tried to fatten up Hansel and Gretel...

 

 

Which is why they come on here and ask questions.

 

I see where you're coming from, but pandering to their bullshit doesn't make things any easier. The more you let them get away with things, the more liberties they'll take. You have to stand up for your rights. You can't let a landlord get away with trespassing or requiring you to gain permission for having guests and then charging you extra for it. The law is on your side and they can't kick you out either.

 

So don't put up with it and insist on your rights as a tenant.

 

No, I did stand up to her - and I certainly wasn't pandering. I told her that she couldn't come in my place when I wasn't home, that I didn't like her being loud at all hours of the day. And you know what she did? Stepped up her harassment - in her little mind war had been declared. Luckily a colleague helped me find a new place.

 

You know, it's good to have a plan B to fall back on in case standing on a box and shouting about rules doesn't work out for you.

2

Share this post


Link to post
Share on other sites

Posted

I agree with you there. My point was made to the response where the OP stated that charging €2 a night for having visitors was fair enough, when it's not.

 

But I'd be looking for a new place to live if my landlord acted like this. They deserve to have all the hassles that come from constantly having to look for new tenants...

0

Share this post


Link to post
Share on other sites

Posted

I realized that 2 pieces of information is missing in my original post, although I also think they should not matter.

The room is a furnished room, and the owner is a company!, which owns the whole apartment complex, and rent those to university student/researchers ...

 

@Hazza, but do not forget as a foreigner it is much more hassel for me (also some of my friends) to find a new place.

0

Share this post


Link to post
Share on other sites

Posted

 

Überbelegung can't be used as a reason if it's a temporary visit:

 

Basically it must be tolerated if it's only a temporary thing and has to be tolerated up to 6 or 8 weeks.

 

So if it's less than that, then there's no problem.

 

As far as utilities go, I'm sure other people in the building also sometimes have guests over as well, maybe not for as long at one time, but maybe spread out over the year, so unless he constantly has visitors, I would think that the whole thing balances itself out over time.

 

Sorry to bump this old thread. I rent a Zimmer with its own kitchen but shared toilet facilities. I had 2 guests who were going to stay for 6 weeks. The lease is silent about guests/room capacity but the landlord said that the maximum capacity of the Zimmer is two people and so I could not have more than one guest. I didn't challenge it at that time and the guests left after a week. Could I really have told the landlord that he had to suck it up as long as we had no issues living in the room?

 

Another question is regarding extra charges for the guests. My nebenkosten includes all utilities, heating and operational costs. The landlord is charging more than double this rate for the guests. Is there some regulation which specifies what he can charge?

0

Share this post


Link to post
Share on other sites

Posted

a) Yes

 

B) He isn't allowed to charge your guests at all although an extra addition to your flat rate would be ok. Charging *each* of your guests double would be ridiculous, charging *you* double the rate for two guests for the week they were there might be ok (for water use etc) but not more because some of the costs you cover with your Nebenkostenspauschale are flat rates in themselves and/or do not increase with higher occupancy.

0

Share this post


Link to post
Share on other sites

Posted

AFIK!! once you rented the place and paying your rent, with maintenance and etc the landlord can not ask you to pay for your guests.

I had my parents visiting me 2-3 time over past 5 years for more then 3-4 weeks, in 2 different flats, never informed my landlord and never had any issues.

 

I think sometimes, to be nice and inform your landlord is asking for troubles.

 

but yeah, for a fully furnished rented apartment from a company it could be different. something like when one rents an apartment for a vacation, and one had to pay "city tax" per person per night. please check out if that is the condition.

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now