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About shapebuster

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  • Location Australia
  • Nationality Ireland
  1.   How insightful.
  2. Hi all   I am the landlord of an apartment in Berlin. It's a 4 room apartment in West Berlin. Unfortunately, we currently have a situation developing where I may never gain access to this apartment. I have owned this apartment since 2008. The apartment was already occupied by an older couple. At the time, I was unaware of the tenancy laws in Berlin and how it could impact my future. I would love to hear some advice from you if any of you have any experience in this regard. For the record, there was a couple living there since 1995 I think.    I went to visit Berlin last year and went to check the apartment block. When I arrived, I noticed that there was a new name stickered below the current tenant's name on the doorbell. I was concerned as I thought the apartment was being sublet. I was angry and spoke to my property manager. She informed me that the wife has died last year and the husband has a new girlfriend living there.    I immediately hired a lawyer to investigate the legalities of this. It turns out that its legal and they are entitled to do this. My lawyer then mentioned that if this new girlfriend marries the widowed husband, she will be entitled to live there with strict laws after he dies. This is very frustrating to me as I had hoped to let my children live here soon as they'll be finishing their studies.    Is there any way to reduce the possibility of my fears occurring? If I wanted to get these people to move out how would you suggest going about it? I have waited a long time now and would really like to gain access to my property.   Thanks
  3. Claiming Eigendbedarf on my apartment.

    Hi there   I own an apartment since 2008 in Berlin. The same tenants have been living there since. I believe the tenants have lived her for the last 12 years.  My son is moving to Berlin in 2020 to study. He also wants to work there. He unfortunately has a criminal record in our home country (minor drug possession) and it is likely that this will impact his chances of finding rent. Furthermore, I personally want to renovate the apartment. So getting these tenants out is a priority for me.    What are my options in terms of Eigendbedarf? My son's friend who is german and studying postgraduate law tells us that:   "If the tenant has lived there for more than 9 years, the period of notice is extended to 9 months. So the period of notice should be 9 months for you guys when you want to move in Your right derives from § 573 sect. 2 no. 2 BGB (German Civil Code)"     This ^ seems a little bit too easy. Surely there are some costs involved? They are an elderly couple likely on a fixed wage and are living in an expensive area at half priced rent.   If you have any advice to share please let me know. If you require and further info let me know also   Danke!