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Aggressive spouse of subtenant

12 posts in this topic

Posted

Hi, I'm looking for some advice.

I sublet my room in a shared apartment in Germany. While visiting a friend who lives in the apartment I encountered a man who turned out to be the husband of the woman I sublet to. He has apparently been living there 3-4 days a week without my knowledge. It is a very small apartment and the rent she pays includes utilities. This husband took offence to my presence in the apartment and yelled at me to get out. He the snatched my belongings from me and threw them out of the apartment. I thought he was going to be physically violent towards me, but luckily his wife appeared and he calmed down.

The other tenant in the apartment is a single woman. Given what happened she is frightened to live in the apartment with this man present. I want to tell my subtenant that he is not allowed to enter the apartment any-more. Do I have a legal right to do this? The contract with this subtenant is only until the end of the month, but of course that is still too long for the other tenant to live in an apartment with a potentially violent man.

If anyone one has any advice on this I'd be most grateful!

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Posted

It sounds as if he was already using violence if he was throwing your belongings around and being threatening. Have you informed the landlord/contacted the Mietverein for advice?

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Posted

Call the police next time. You have every right to ask a visitor to leave. He is not your tenant.

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Posted

Not so sure. Up to 4-6 weeks a tenant has the right to have visitors. This might not be the case though if it's a subtenant.

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Posted

Not if he' violent.

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Posted

Was the sublet approved by your landlord? Does the written sublet contract stipulate only one person? I get the feeling it wasn't and you didn't or you would have surely called the police on the spot.

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Posted

Apparently he didn't know who you were and thought you were a trespasser - presumably he knows who the other tenant is and wouldn't attack her.

Nonetheless you should meet with both tentants together and get some assurance from wife A that husband B is no threat to tenant C. If A can't give C and assurance then you should ask her not to bring her husband into the apartment again. C has done nothing wrong.

If A won't comply, give her a choice: either you make it a police matter or she gets out. Physical violence must be a reasonable grounds for terminating a tenancy agreement.

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Posted

Physical violence must be a reasonable grounds for terminating a tenancy agreement.

Only if it's the tenant - or if the tenant supported her husband against a landlord who is living in the same apartment (keyword "Zerwürfnis").

Question: Do you actually live in the same apartment?

(Question answered by reading first post)

The flatmate could ban him from the jointly used rooms. Only her, not you.

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Posted

I think it is best to be prudent and not to alienate this obnoxious fellow and take some steps to get things to calm down further. Sure the ugly word appeasement springs to mind, but otherwise he might be tempted to spite you and even not move out at the end of the month. You have to consider that it is highly unlikely that he will simply leave when asking him to do so. And with each day the month gets shorter! Maybe by talking to your subtenant you can find out a little bit more about him. Imbuing your co-tenant with that knowledge she could try to have one friendly conversation with him and for the rest of the time steer clear of him. All else failing, lawyer up!

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Posted

Thanks for the replies everyone.

Yes the landlord has given permission for the sublet and also is the 2nd person living in the flat so is fully aware of the situation and we're trying to tackle it together.

I can see the sense in prudence and appeasement at this stage.

Thanks for the advice.

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Posted

I don't understand why he became aggressive to you. Did you attempt to enter your old room or strongly question why he was there if it was in a shared area?

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Posted

Do you know the back story here? Why doesn't he live with the wife full time? what does she say about it all? It sounds like you may of walked into a heated discussion between a couple that isn't functioning and he was in the heat of the moment. I'm not saying his behaviour is right, but there's always a bigger picture which doesn't always appear as it seems. Personally, I'd wait out the month sublet and then wave them off to have their dramas elsewhere. Make sure you get all sets of keys back . And If the husband is aggressive towards you again call the police immediately.

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