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  1. policeman overreaching himself

    I have 3 apartments at in Nürnberg Apartment A has been occupied for 1 year by a Handwerker M who is supposed to have done a massive renovation, stripping the floors, walls, completely redoing the floor and eventually new Einbaukuche. The deal allowed him to live rent free until the eof 2020 and gave him the option of becoming a tenant at a rather high rent. However the work was supposed to be completed in Sep 2020, and has been delayed because of Covid and other problems He hasn't sent me photos because his iphone is broken. He is also demanding to live rent free until May 2021 on the basis of an invoice he created that has no basis.   M swings from being my best buddy to swearing I'm going to be ass raped in prison for all my crimes. Right now he's in the 2nd phase and there shall be no reconciliation. He has gone too far this time.   Apartment B was occupied by D since 2 years. D last paid rent in October 2020. The Hausmeister S entered the apartment to check if the tenant was dead or sick, and also checked the contents of the fridge which showed he hadn't been there for weeks if not months.   M entered on 4 Dec and photographed a letter from Inkasso to D giving D's Berlin address (at my request).   M called me on 9 Dec at 20:16 extremely drunk to tell me he had a tenant for B. I had no interest in M being a rental agent and I told him great, but hc24 is administering the apartment as always and his friend should contact hc24. No I want to deal with you! hc24 is my rental agent. I always go through them. After he started shouting at me I hung up, and told him by whatsapp to contact me when sober.   Then it occurred to me to warn Hausmeister S, and tell him under no circumstances to give M the key. I rang S only for him to tell me a drunk and aggressive M was outside the front door arguing with his son.S then hung up (understandably) and I waited 1 hour and called again.   This where it gets interesting. I heard a young man ask "Is that the Vermieter". He then came on the phone, told me he was a policeman and I could not speak with S. This freaked me out as I though this meant S was badly injured. I started asking what happened, how bad is he. The policeman just told me I was not allowed to enter B, then heard him ask S if had been in B . S answered not today, and the policeman hung up the phone.   It transpired M had called the police to complain about S illegally entering apartments at my direction. The policeman, and a policewoman had first gone to M, talked to him for 20 minutes and then went down to speak to S just as I called. Now I have a number of questions about the policeman's actions:   Why did he even talk to S. It is not a police matter if the 1 tenant complains about a landlord illegally entering apartments. That's a civil matter. If the tenant had called to police to complain that would be different. But it was a 3rd party complaint.  Did he have the right to refuse to allow me to speak to S? Not really a question, but if the policeman listened instead of ordering he would have found out that D had just exited prison, wanted to be free of the apartment ASAP, and has signed an Aufhebungsvertrag giving up B on 15 Dec, but asked us to pack up his stuff as he didn't have the resources to get from Berlin to Nürnberg.   He would also have found that M calling the police was an act of revenge because I was not going to pay him 1000s to replace the floor, paint the apartment etc, and let him act as rental agent. hc24 says they can fix it all up for 3 to 400. One of hc24's employees moonlights as my cleaning lady with hc24's blessing.    Now I don't think the policeman is guilty of anything other being an over enthuiastic idiot drunk with power and trying to impress his female colleague. He's not corrupt and probably not racist.   My objective in call him is to to piss him off against M, have him warn M about wasting police time, although ideally "zeig ihm an" for that and most importantly inspect apartment A confirm M is illegally using a gas cooker, and explain to me what steps he will take if this is true to secure the safety of the building.   So when I call this policeman I will have a number of specific talking points.   Does he agree to my recording the conversation? I'm happy to email him a copy at the end. He will obviously not be enthusiastic, but does he have the right to refuse? I know in the USA the police will lie and order bystanders/victims to turn off cameras, but they have no right to do this. Why did he even visit S. There was no criminal activity Why did he think he had the right to forbid me to speak with my Hausmeister Why he harass 2 Auslanders on the basis of what a drunk, tattoed, very rough looking German said? Was he aware that M was in apartment with S. So M called the police on S for exactly the same "crime" as M had committed. Why did he tell me I could not enter the apartment? What kind of "Beweiss" does he have that I was acting illegally in sending S in 6 is an interesting point. He could well ask me for a copy of the Aufhebungsvertrag which I'm happy to send. But the point is he had to prove me guilty, I don't have to prove my innocence. Furthermore if he has asked instead of lecturing he would have learnt instead of making a fool of himself.
  2. I moved here in Oct 2015 and started working immdiately and earned a full time wage in (42k)   From Jan 2016 - May 2017 I received rental on my primary residence totalling 12k.   I sold the property in June 2017.   I competed tax returns in the UK, and was told I didn't need to pay tax on the rental income I received.   However since living in Germany I have never completed a tax return.   From reading other posts, I think UK rental income does not need to be included in the German tax return. However worldwide income should be declared as it may impact the amount of social insurance you should pay.   So I think I should complete a tax return for 2016 & 2017.   I think I am also going to call a family friend tax accountant tomorrow to help me with this.   I assume I will get fined. Do people go to prison for this type of thing?
  3. UK rental income on German tax returns

    Hi all, I'm new to the forum and have a question about my tax returns.   I am employed in Germany and pay taxes here. Last year I started receiving rental income from my UK flat. I have declared this income in the UK and do not need to pay tax on it as it falls under the tax threshold.   My question is - when I declare this to the Finanzamt, what will happen? I read that the UK has a double taxation agreement with Germany and I cannot be taxed twice on the UK income, but will the Finanzamt add the UK income to my German income and tax me on the total amount?   I live in Germany for more than 180 days in the year, but still have a registered address in the UK.   I plan to become a German citizen this year (and keep my UK passport). Would that put me in a different tax position? Any help is greatly appreciated. xxxx
  4. I know there have already been quite some topics on Mietpreisbremse and I've looked through them, however, this situation still seems confusing and different sources give different answers.   For example, PandaMunich stated in several threads that furnished apartments are actually not subject to Mietpreisbremse (e.g.   However, @lisa13 stated in that there are also rent controls for furnished apartments.   I've read in several websites online that usually the landlord can charge 2% of the furniture monthly. However, the only basis for that claim seems to be a decision made in a Berlin court a long time ago.   I wonder if something has changed/been clarified since the law has apparently been prolonged for 5 more years just recently.   On ImmobilienScout24 the vast majority of rental listings I see (in Berlin, München etc.) seem to have double the price of what the Mietspiegel would suggest, even though they are not new buildings. It sounds barely plausible to reach such a price, even with a full set of luxury furniture (not to mention many apartments only have random IKEA-level furniture anyways). Maybe the Einbauküche and kitchen appliances costs some money but it's unlikely to be that much either.   I think the following paragraphs from this article last year summarized the situation quite well:   > Die große Koalition hatte im Jahr 2015 die Mietpreisbremse eingeführt. Sie sollte die extremen Steigerungen der Mietpreise begrenzen. Bei der Wiedervermietung einer Wohnung, die in einem angespannten Markt liegt, darf die Miete höchstens zehn Prozent über der ortsüblichen Vergleichsmiete liegen. Diese Regeln gelten auch für möblierte Wohnungen – das sehen zumindest die Mieterschützer so. Laut Rechtsprechung ist aber ein Aufschlag für die Möblierung erlaubt: Im Jahr 2003 hat das Landgericht Berlin diesen Zuschlag auf die Monatsmiete mit zwei Prozent des Zeitwerts der Möbel beziffert. Demnach dürfte eine Wohnung, die für 5.000 Euro möbliert wurde, monatlich um 100 Euro teurer sein als eine unmöblierte. Bisher ist das Urteil allerdings nur die Meinung eines einzelnen Gerichtes. Vom Bundesgerichtshof, der in diesem Fall zuständig wäre, wurde es nicht bestätigt.   > Wie problematisch das Zwei-Prozent-Urteil sein kann, zeigt sich, wenn man etwa beim anfangs erwähnten "wundervollen Zuhause" in Neukölln nachrechnet. Selbst wenn man eine ortsübliche Vergleichsmiete von zehn Euro pro Quadratmeter annimmt und Nebenkosten, Heizkosten und Strom miteinbezieht, kommt man auf eine zulässige Miete von 535 Euro für die 35 Quadratmeter. Bei einem Möblierungszuschlag von zwei Prozent des Zeitwerts der Möbel müsste die Einrichtung zwischen 35.000 und 40.000 Euro gekostet haben, um die 1.400 Euro Miete zu rechtfertigen – und komplett neu sein.   If this is true, then the so-called "2 percent rule" for furnished apartments seems to actually be some sort of legal gray zone, and each case will have to be decided separately?   I'm wondering about this since I just realized that the Kaltmiete for my furnished apartment (in a central area in Berlin) is almost 300 Euros more than the Mietspiegel. However, it feels like the landlord just left some cheap furniture in there so as to make it "furnished". It's hard to justify this price if we apply the 2 percent rule.   But when I look at comparable online listings in similar locations, they are almost all even more expensive than what I'm currently paying. This makes me wonder if Mietpreisbremse is being invoked at all, or are most people just content with paying the higher price, since they feel this is just how the market is at the moment, and it's quite hard to find a place. I wonder if it's ever worth the trouble to complain about my rental contract after all. I don't intend to search for a new place in the short term.   I bought Rechtsschutzversicherung about 3 months ago, but clearly it doesn't cover the rental contract that I signed, which started 1 year ago. I was surprised to find out that the Prozesskostenrechtsschutz offered by Berliner Mieterverein also has a similar clause. It makes me wonder if there is a point in going to the Mieterverein after all, since I have to join them before I can make a consultation, but the membership in the Mieterverein has a minimum duration of 2 years... Though maybe most cases were resolved by the Mieterverein communicating with the landlord already, without them ever going to a Prozess?
  5. I have wandered and searched and can't find an answer- we are a dual national couple formerly in Berlin, now residing for the foreseeable future in USA---   My husband is a German-US dual national and his father would like him to buy a rental in conjunction with his German siblings. We are trying to find out what financial structure/s makes sense for all of us.   Should we create a GMBH to buy the property and ourselves have an LLC in DE or foreign to hold our share? Should we have a Gmbh send us distributions- what makes sense both for Germans and for us? Liability is an issue as well as the ability to buy siblings out if they so desire, so should it be a partnership structure or shares with a buy out agreement?   Once we figure it out we want to hire someone to set the structures up and then probably file whatever tax forms for the entity/ies that are needed annually.   We need to figure out initial structure to determine how to buy the property and to finance it through the bank.   I would be grateful both for an understanding of what to do and referrals to someone who could actually do it.