james patek

update:   We gave our Eigenbedarfskündigung in July 2019 and tenant agreed to move out in December 2019. We received our keys last week. Thank you everyone for the useful information. Have a good one.   Cheers! 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