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About germanyherewecome

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  • Location Regensburg
  • Nationality American German
  • Gender Female

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  1. I searched the internet, but cannot find anything on this particular subject.    Here is the story: For a long time now I am searching for a space where I can live when I get older, and also space to work in a so called Kleingewerbe-Nebengewerbe. (I am employed, but also have a registered business, allowed up to practice up to 2 days a week. Now I finally found a owner of a property that would allow me to do just that, but I am unsure what exact contract to choose.   It is a 3-story building in a mixed (businesses and private houses/apartments9 neighborhood. The top apartment is rented prvately to renters. The first floor used to be rooms for guests for the old restaurant that is on the mainfloor, and will be used in the future also for rented rooms/small apartments from a person who will run this business, and pay the owner rent for it. The main floor (old restaurant on the main floor) was zoned from commercial to private, renovated, and the parents of the owner will live in it. Below this, with it´s own entrance from outside is a old bar, commercially zoned, not used for the last 30 years. The owner agreed to rent it out with a so called Pachtvertrag with Betreiberwohnung. ( a lease where you can work and live in it). So far so good, but...   1. A Pachtvertrag is usually done if someone rents a commercial space that, for example, has all the furniture and other things in it to run a restaurant, or a garden, where with a Pachtvertrag the renter is allowed to harvest the fruits on the land. This is not the case here.   2. Since the 120 qm space is used for both, living and business, there is a mixed rental agreement that can be done, but that is complicated due to the fact that a private renter has more rights and different termination options than renting a commercial space. So, writing two contracts would not work, due to the fact that it is in the same space.   3. German Law states that commercial space has to be changed to private space if you live in it, and vice versa. The old bar is still registered at city hall commercial, even though this bar has not been in operation for 30 years.   4. German law also states that any business that does not visibly show there is a business, or disturbs people living in the building can be done if the living there is 50/50 and not a full time business. My plan was to open the place 1-2 days per week, that would be allowed with my part-time self-employment.   The property owner told me I could do a commercial contract (gewerblich mit Betreiberwohnung).   So the questions that I have are: 1. What is the best contract for a situation like that? 2. If the owner would do a private rental contract with a paragraph that he allows me to do a ´´silent´´ business there, would he have to change the now old commercial use to private use at city hall? 3. If I would do a commercial lease, but for example no longer be self employed in 5 years, would I even be allowed to live in there if I would enter a strict commercial lease?   I would prefer to rent the place private, with a paragraph in the rental contract from the owner that he allows me to do business there also, but I am unsure if that is allowed, because the space is still registered commercial with city hall.    
  2. Hi everyone! Today I have a question for a friend. She received her termination letter after 3 years of employment. The employer stated that she was terminated due to store clothings that will take place the end of December. The company she worked for has less then 12 employees, and is a family business with 3 stores.   The employment was terminated on October 31st. Shortly after this event a new employee was hired and now works there. If that person only completes the remaining weeks in November and December, or continues this in the new year is not known, but the question remains:   1. Why did my friend receive the termination letter stating all stores will close, but he hired someone new instead of letting my friend complete the remaining time for 2022? 2. Is there anything she can do if for example the store she worked in continues to stay open in the new year?   Research on the internet did not show me anything that applies to this situation. It only shows situations where in case of a termination the employee can go within 3 weeks of termination to the Arbeitsgericht to ask for a so called termination Abfindung? But this only applies if the employer has more than 12 employees.    Anyone has info on that? My friend is a single mother, and due to the termination including the 4 weeks notice, she endured extreme hardship. The unemployment money of about 65 percent is just not enough.   Wishing everyone a healthy and wonderful Christmas season!    
  3. Welcome Newcomers!

    Welcome!  I decided to post in the Oberpfalz/Franken category, because I live here since 2011 and would like to help Newcomers, or people that plan to move in this area, with current issues that come up moving here to Bavaria.   This website is a wonderful place to find information, it helped me a lot when I prepared for my move and the first years afterwards. For area specific information for the Oberpfaly in particular though, there are not that many postings. Since I know the area between Munich and Nuernberg very well, someone may benefit from my experience and knowledge. I live in the city of Regensburg, situated approx. 1 hr. from Nuernberg and 1 hr. from Munich.   So, if you would like to introduce yourself here, or have any questions, feel free to comment here, or send me a private message.   Greetings, Angel