james patek

  Thank you @someonesdaughter @lisa13 @LeonG   Today, we had an opportunity to sit with tenant and their sachbearbeiter who helped them to register the Sozialwohnung. Tenant does not speak or understand german well so sachbearbeiter has been appointed by local office to help them to get thru legal matters. Wife of the tenant is schwerbehindert (Here, again markler lied to us).   They have basically registered for Sozialwohnung 6 years ago for 6 people. Now their situation has been changed and according to sachbearbeiter only 3 people are living in the Wohnung. So we asked them to change the registration of Sozialwohnung for 3 people. Sachbearbeiter will change this in mid January (may be this will help them to get Wohnung)   It seems that Sozialamt has asked them why they need sozialwohnung as they have already  current apartment to live. As a justification they sighted that in the current apartment Badzimmer and Diele are small. Therefore, wife of the tenant can not take a bath properly (takes 1 hr according to them) and move around in the Wohnung conveniently. This is affecting her health too. Due to these reasons they have increased the urgency (Dringlichkeit) to get the Sozialwohnung. Basically, more she lives in the current Wohnung, more her health will be affected.   So we offered to help them to find a suitable Wohnung for 3 people which does not cross the household benefit provided by Sozialamt - 1040 Euro for 3 people and has a bit big Badzimmer. They agreed and they will participate in the process of visiting apartments.    Now, we need to put this process of helping them to find the Wohnung in writing as a proof if something goes wrong in the future.   Do you guys know what is the best way to handle this situation in writing?   Best James  

        Thank you someonesdaughter.   we live in rented apartment of 1.5 rooms. Our eigenbedarf is based on requirement of more space with separate room for "work from home" for me which is close to work for my wife.   

  Thank you dstanners. Yes, negotiation is a good option. By the way, we were waiting for the makler, as he promised that he will introduce us as a new owners to the tenant and he will put this option also on the table. After the makler`s fees were paid, he is not responding properly to our queries.    Also, he did mention about getting apartment empty with eigenbedarf in writing, other options (new contract) he communicated only verbally. 

  Thank you dstanners. Yes, negotiation is a good option. By the way, we were waiting for the makler, as he promised that he will introduce us as a new owners to the tenant and he will put this option also on the table. After the makler`s fees were paid, he is not responding properly to our queries.    Also, he did mention about getting apartment empty with eigenbedarf in writing, other options (new contract) he communicated only verbally. 

  Thank you dstanners. Yes, negotiation is a good option. By the way, we were waiting for the makler, as he promised that he will introduce us as a new owners to the tenant and he will put this option also on the table. After the makler`s fees were paid, he is not responding properly to our queries.    Also, he did mention about getting apartment empty with eigenbedarf in writing, other options (new contract) he communicated only verbally. 

Thank you very much for your answer. Till today we were convinced by markler and previous owner that we will be able to move in in 3 months at max in case of new contract and 9 months with Eigenbedarf.   Yes. Everytime we asked Tenant about the daughter and grandchildren, they said there daughter and grandson are only visiting them on Sunday.  They are living illegally therefore.   Would it be possible to prove that there are more people living in the apartment then mentioned in the contract? Would you also please advise us what could be best solution for us to move in soon?   Best, James

Hello TT members,    Few weeks ago I and my wife bought an apartment in Munich. The  tenants (a couple) are living in the apartment since 11 years and the rent has never been increased since then (although many modernisation were done for the building). The tenant contract is only on their name. Meanwhile, the couple, in their mid 50s has claimed to live on Sozialgeld (Sozialhilfeempfänger). Apparently they have appointed a Sachbearbeiter for many months to allocate them a Sozialwohnung.  Also, during our first visit to the apartment, we saw their daughter and grandson living with them, which was also confirmed by the previous owner (owning other three apartments in Munich) and the Makler. According to them, there are total of 5 people living in that apartment of 80 square meter.    My questions regarding to this situation:   what would be the best solution for us to get the apartment empty for our own use as early as possible: Eigenbedarfkündigung, Mietaufhebungsvertrag or new Mietvertrag (for five person) with notice period.   Is it possible to create the new Mietvertrag at all? (previous owner recommend this citing the reason five people are living instead of two)  Could we ask their Sachbearbeiter for their status of getting a Sozialwohnung? If we increase their rent, would they also get more Sozialgeld to afford the rent increase?      Shall look forward to the suggestions.    Best, James