Sign in to follow this  
Followers 0

Can my landlord deny my partner to live with me?

17 posts in this topic

A little backstory: I am an EU citizen, have lived in Berlin about a year now. 2 months ago I moved into my own apartment. Now my American partner (unmarried) is moving here from the US to live with me.

 

I have contacted my landlord (Hausverwaltung) to inform them he is coming. They said he cannot be "Untermieter" and that they need his Schufa and 3 last pay checks to consider him moving in. Of couse, this is not possible since he is just moving here and needs to apply for his residency visa first.

 

I can't figure out what my rights are. I assumed that since we're a couple and I have already been deemed a good tenant it would be no problem for him to move in.

 

Does anyone have any experience with this? Any help would be appreciated.

 

Thanks,

David

0

Share this post


Link to post
Share on other sites

Is it possible that they misunderstood who this person is, who is planning to live with you? If they are talking about "Untermieter", I think that might be the problem. They are perfectly within their rights to refuse you permission to sublet (untervermieten) your flat, or a room in your flat. However, your partner moving in with you is a different matter and has nothing to do with a sublet situation.

1

Share this post


Link to post
Share on other sites

That's what I thought too. I specifically explained to them that we're a couple, but their answer was that it was still considered a "Untermieter" since we're not married.

0

Share this post


Link to post
Share on other sites

Hi davidoa, the Hausverwaltung are generally obliged to permit a partner to move in! The only time they can refuse is if the flat is too small for the number of people wishing to live there. There is a supreme court ruling - BGH Karlsruhe, Urteil vom 05.11.2003 – AZ VIII ZR 371/02 to that effect. Join the Tennants Association (Mieterverein), I'm sure they will help you.

 

Legal disclaimer - I am not a Lawyer

1

Share this post


Link to post
Share on other sites

From your post, it sounds like all the Hausverwaltung has said is that he cannot be on the lease until he has these other papers in order (perfectly understandable). All that means is that he can't be held responsible for paying the rent, not that he can't sleep there. I wonder if you have misunderstood this to mean he cannot move in at all.

 

How about, just don't put him on the lease (yet)? When I joined my then-boyfriend here, he simply mentioned it to the Hausmeister and I registered the address with the Bürgeramt. As a matter of fact I wasn't on the lease until we moved to the new apartment (in the same building), four years later. Hausverwaltung fully aware of my living here the entire time and they do everything by the book. So, maybe move your boyfriend in, register him at the Bürgeramt, and after he's got all his affairs in order, put him on the lease...?

0

Share this post


Link to post
Share on other sites

Thanks for your quick replies everyone.

 

I thought the Hausverwaltung had to be informed in order for him to register the address at the Bürgeramt. He needs a copy of the contract with his name on it, no? And if I just make one for him, won't the Hausverwaltung be notified about him moving in?

 

Not sure about the homophobia- theory. I hope that's not the case. I did however stress that we are a couple because I thought they might have misunderstood it when I said "mein Freund". It can be confusing sometimes that the word for "friend" and "boyfriend" are the same in German.

0

Share this post


Link to post
Share on other sites

Enview is pretty much spot on. I've been through this from the landlord's perspective. They can't prevent a "Lebensgefärtin" or partner from moving in as long as the apartment size is reasonable for two people. You are the sole legal tenant so there's no reason to require your boyfriend's papers describing his financial situation.

 

In your situation I would do the following. Proactively ask the landlord if they'll require an increase in utilities (Nebenkosten) and be prepared to increase your payment. Proactively provide a copy of boyfriend's ID and ask if they need any other documentation after your BF does his Anmeldung. The landlord will have to factor in an additional tenant for the fees he pays the city (trash, city water, etc) so he does have a need-to-know.

 

I'd just do your best to make the entire situation positive, smile a lot, don't be confrontational even if the landlord doesn't quite understand the laws at first. Calmly explain this is not an untermieter situation. Have a printed copy of the BGBs that Enview mentioned above.

 

On edit: Your BF does not need a copy of the rental contract to get angemeldet at the Einwohnermeldeamt/Bürgeramt.

4

Share this post


Link to post
Share on other sites

Why is anybody discussing getting his name on the rental agreement? That's not necessary at all and I'd even advise against it.

0

Share this post


Link to post
Share on other sites

MrNosey - I am not interested in getting is name on the lease. But he needs a contract with his name on it to register the address at the Meldeamt. The only way to get this is through the Hausverwaltung, right? Or am I missing something?

0

Share this post


Link to post
Share on other sites

My Ger Man had to provide his rental agreement and pay stubs before I got permission to stay in Germany since I was unemployed. I had to prove health insurance. They never contacted the landlord.

0

Share this post


Link to post
Share on other sites

Hello, all.

 

I am having the same questions myself, but, instead of GF, she will be my wife. While I am signing up the contract we are not married yet, but the landlord (a company) already knows she will move in with me in a few months as my wife. I informed it in the application form as "other people moving in". She isn't in the contract because she isn't in EU, has no registration in the city, no job, no visa (yet). We will have all of it after the marriage. There's no mention of her name in the contract. Has the company the right to deny my wife to move into the apartment with me in this case anyhow? Or as my legal wife, the law covers us?

 

Regarding sublet... The contract says the landlord should approve it before.

 

Should I do anything to guarantee we could live together in the apartment and she gets her anmeldung?

 

Should I ask a written agreement attached to the rental contract before sign it up?

 

Thank you all in advance.

0

Share this post


Link to post
Share on other sites

If your wife moves in with you, it won't really be a sublet will it?

 

I don't think they can keep your wife from moving in with you, but I am not in anyway a lawyer, so please don't take my word for it.

However, since two people will be living there, they are within their rights to ask you to pay a little more for utilities. Why don't you just email the landlord (or Hausverwaltung) and ask them to clarify, just so you have it in writing?

1

Share this post


Link to post
Share on other sites

https://www.refrago.de/Darf_ein_Mieter_seinen_Partner_oder_Ehepartner_mit_in_die_Wohnung_aufnehmen.frage775.html

 

I'm not lawyer either but according to that lawyer, a spouse can only be refused if the apartment would become "overcrowded" if they move in.

 

you do need to tell the landlord though, and as the general says, you can expect to have some increase in your nebenkosten with an additional person in the flat.  They can't increase your cold rent based on this though.

 

as with all things rental related, when in doubt -> mieterverein.

1

Share this post


Link to post
Share on other sites
4 hours ago, lisa13 said:

you can expect to have some increase in your nebenkosten

 

Just for God's sake get that put in the contract, that the Nebenkosten has increased.

 

I was in the same situation when my girlfriend (now wife) moved in with me. My landlady asked me for 40€pcm more NK. I asked if we need a new contract, and she said no, don't worry, she would add it to the "total paid" at the annual reconciliation. I agreed as up to then, all was good with my landlady, she was top... Come end of year, reconciliation shows only the contractual amount of NK. It ended up being a long drawn out arguement, which ended up with her sending me an invoice 4 months after the hand-back (which she accepted and signed) for complete refurbishment of the radiators because "I had jumped on them all and damaged them"... I remember that phone call well, I said "Sue me" and put the phone down. Last I ever heard.

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0