Is my hostel legally required to complete the Confirmation of Residence form?

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I am in the process of submitting my place of residence at the Bürgeramt for my Anmeldung. They require a confirmation of residence form to be filled out by the landlord, but I am staying in a hostel.

 

I’ve read that it a legal requirement for a landlord to fill out this form, does this also apply to hostels?

 

The heading on the form is “Wohnungsgeberbestätigung gemäß § 19 Abs. 3 Bundesmeldegesetz (BMG)”

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A hostel is not a permanent living place, with a rental contract, so you cannot register at a hostel.  I guess you can try and see what happens.  Please inform the Amt you are trying to register at a hostel, see what happens.

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43 minutes ago, slycookies said:

A hostel is not a permanent living place, with a rental contract, so you cannot register at a hostel.

 

I don't think this is correct. The law doesn't say that your living quarters have to be "permanent", nor does there need to be a rental contract: in fact, registration offices don't ask for a rental contract because in many cases there isn't one (living with parents, staying long-term with friends, relatives...), they ask for a confirmation from the "accommodation giver" that you are living there, i.e. the Wohnungsgeberbestätigung.

 

My advise to the OP is to ask the hostel for a Wohnungsgeberbestätigung. There are two possible outcomes:

 

1. You get the document from the hostel: all good.

 

2. The hostel refuses to give you the document. Go to the Bürgeramt and register explaining that your "Wohnungsgeber" (the hostel) refuses to give you the Wohnungsgeberbestätigung. I don't know if hostels are required to issue it or not but that's now between the Bürgeramt and the hostel to sort out: you've fulfilled your obligations of telling the authorities where you live.

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Just now, Smaug said:

 

I don't think this is correct. The law doesn't say that your living quarters have to be "permanent", nor does there need to be a rental contract: in fact, registration offices don't ask for a rental contract because in many cases there isn't one (living with parents, staying long-term with friends, relatives...), they ask for a confirmation from the "accommodation giver" that you are living there, i.e. the Wohnungsgeberbestätigung.

 

My advise to the OP is to ask the hostel for a Wohnungsgeberbestätigung. There are two possible outcomes:

 

1. You get the document from the hostel: all good.

 

2. The hostel refuses to give you the document. Go to the Bürgeramt and register explaining that your "Wohnungsgeber" (the hostel) refuses to give you the Wohnungsgeberbestätigung. I don't know if hostels are required to issue it or not but that's now between the Bürgeramt and the hostel to sort out: you've fulfilled your obligations of telling the authorities where you live.

 

I do agree he should try it and see what happens.  Hopefully he'll report back what the Amt says about it.

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It's an interesting grey zone.  If I owned a hostel, I wouldn't want people registering there, since typically, hostels are for short-term stays and there's no real "rental contract".  There is only an agreement to rent a room (or a bed) for a certain number of nights.  It'll be doubling interesting since it could be argued (maybe not successfully) that hostels are a legal form of an AirBnB type situation.

 

It could potentially change the way hostels do business in Germany to avoid having people use their address for registration.  Granted, they couldn't stop people from going to the Amt and claiming the "landlord" wouldn't sign.

 

OP should definitely check and ask the hostel if they'll receive his mail, since he won't have his name on a mail box.  Hate to see it's accepted at the Amt but the mail goes back to sender.

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1 hour ago, slycookies said:

A hostel is not a permanent living place, with a rental contract, so you cannot register at a hostel. 

 

 

Yes you can.

 

There's a paragraph specifically on the subject of hostels in the BMG and the first sub-section of it defines the circumstances under which people staying in a hostel must register.

 

Quote

§ 29 Besondere Meldepflicht in Beherbergungsstätten

(1) Wer in Einrichtungen, die der gewerbs- oder geschäftsmäßigen Aufnahme von Personen dienen (Beherbergungsstätten), für länger als sechs Monate aufgenommen wird, unterliegt der Meldepflicht nach § 17 oder § 28. Wer nicht für eine Wohnung im Inland gemeldet ist, hat sich innerhalb von zwei Wochen bei der Meldebehörde anzumelden, sobald sein Aufenthalt die Dauer von drei Monaten überschreitet.

§ 29 BMG Besondere Meldepflicht in Berherbungsgaststätten

 

Which roughly translates to say;

Whoever stays longer than 6 months in a hostel is obliged to register under the rules of §17 or § 28. Whoever is not already registered elsewhere inland must register within two weeks as soon as his stay exceeds 3 months.

( §17 obligates the standard 2 week limit, §28 applies only to inland shipping and sailors)

 

 The points about there being a difference between hostel accommodation and a regular flat/apartment/house are not really relevant because the BMG defines a dwelling thus:

 

Quote

§ 20 Begriff der Wohnung

Wohnung im Sinne dieses Gesetzes ist jeder umschlossene Raum, der zum Wohnen oder Schlafen benutzt wird.

 

For the purpose of this Act a dwelling is any enclosed area which is used for living or sleeping in.

 

The hostel owner or manager is obligated under §19 BMG, as Wohnungsgeber, to provide the confirmation letter (or Bestätigung) for the registration office (or Einwohnermeldeamt).

 

As Smaug says, if the hostel owner/manager does not cooperate then it becomes their problem to have to explain why not to the Behörden.

 

2B

 

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1 hour ago, slycookies said:

If I owned a hostel, I wouldn't want people registering there, since typically, hostels are for short-term stays and there's no real "rental contract". 

Then you just forbid stays longer than 3 months, problem solved. However, I don't see why would you do it: it is economically more profitable to have one paying guest for long stay than many guest for short stay in the same room (provided the daily price is the same).

 

Actually, some Bundestagabgeordnete live in hotels in Berlin as it is paid by taxpayers. They register there as Zweite Wohnung/secondary residence.

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Thanks for all the responses. I spoke with management at the hostel this afternoon. They refused to sign off on the Confirmation of Residence form. They told me the state has asked them to limit guests stays to 2 weeks, and because this is such a temporary stay, they would not want to be registered as my place of residence because then if I don't deregister after those two weeks, they start receiving mail for me, tickets, etc., and by law they are not allowed to throw these in the trash so it creates work for the staff either fowrarding the mail to me or returning to sender. So anyway, I understand their point, but I will do as Smaug recommended and just say at my Bürgeramt appointment that the hostel refused to sign. Hopefully that will still work...

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Ah one more thing. The hostel has confirmed that they WILL receive mail for me, as long as I'm able to pick it up in a reasonable amount of time (1 week or so)

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I stayed there for at least a couple of weeks, then left for France and have another booking with them for when I return.

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