Landlord refuses to sign Anmeldung Form

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If I booked a one month place on Airbnb (under the assumption that I will be looking for a more permanent apartment upon arrival), but the airbnb renter refuses to sign the form, should I tell the auslaenderbehoerde this? 

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What would the Auslaenderbehoerder do about it? It is your problem. AirBnB is not a real lont term contract, the renter does not have to sign you the form, and most probably the renter can't sign it anyways, the real landlord would be the one.

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According to a website of a city:

 

Verweigert der Wohnungsgeber oder eine von ihm beauftragte Person die Bestätigung oder erhält die meldepflichtige Person (Mieter) sie aus anderen Gründen nicht rechtzeitig, so hat die meldepflichtige Person dieses der Meldebehörde unverzüglich mitzuteilen. Daraufhin ist die Meldebehörde ermächtigt, eine Ordnungswidrigkeitenverfahren mit einer Geldbuße von bis zu 1.000,00 Euro gegen den Wohnungsgeber einzuleiten. (http://buergerservice.duelmen.de/service/dienstleistung/wohnungsgeberbescheinigung/index.html)

 

Talking to the government agent sounds like the best bet.

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The Ausländerbehörde has nothing to do with this. If you want to register and your Wohnungsgeber refuses to collaborate you just go to the Wohnanmeldeamt and tell them where you live, who the Wohnungsgeber is, and that he or she won't sign the relevant form. It's for the Wohnanmeldeamt to chase that up.

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Anything under 60 days is not long term accommodation.

Would you stay at a hotel and complain to the government the hotel does not want to sign your registration forms?

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51 minutes ago, Krieg said:

What would the Auslaenderbehoerder do about it? It is your problem. AirBnB is not a real lont term contract, the renter does not have to sign you the form, and most probably the renter can't sign it anyways, the real landlord would be the one.

 

I agree that the Ausländerbehörde has nothing to do with it.

 

If you are living somewhere there's a legal obligation to register. Short-term leases are not exempt from registration, only visitor stays shorter than 3 months. If they OP has the intention to remain in Germany, whether her current digs are temporary or not, she must register and her Wohnungsgeber must provide her with a Wohnungsgeberbestätigung.  The Wohnungsgeber is whoever is providing the accommodation (your mother, friend, landlord, hotel manager, head of a WG, tenant who is subletting to you, etc...), in this case, who's letting the AirBnB flat to the OP, and not necessarily the owner (if that's what you mean by "real landlord").

 

 

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Yes, it is the obligation of the OP to register. But no, the AirBnB host does not have to provide the forms. This is AirBnB 101.

But I guess you know better.

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Paragraph 19 of Bundesmeldegesetz (BMG) describes the obligation of the Wohnungsgeber to provide:

 

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1. Name and address of the Wohnungsgeber, and, if he is not the owner, the name of the owner

2. Moving-in date

3. Address of the living space

4. Name of the person required to register.

 

Why do you think AirBnB is exempt? I am saying you are wrong, but I would like to see an argument.

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25 minutes ago, Krieg said:

Anything under 60 days is not long term accommodation.

 

This is irrelevant

 

26 minutes ago, Krieg said:

Would you stay at a hotel and complain to the government the hotel does not want to sign your registration forms?

 

If I were a visitor in Germany, no, of course not, because I wouldn't be required to register, but if I lived at the hotel, I would-- Section 19 (2) BMG actually requires me to report this immediately.

 

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(2) Verweigert der Wohnungsgeber oder eine von ihm beauftragte Person die Bestätigung oder erhält die meldepflichtige Person sie aus anderen Gründen nicht rechtzeitig, so hat die meldepflichtige Person dies der Meldebehörde unverzüglich mitzuteilen.

 

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This opens a whole can of worms:

  1. does the landlord even know that the tenant offers the flat on Airbnb?
  2. if he does, or it's the landlord directly who is offering the flat, is this flat registered as a legal holiday apartment, i.e. does he have a Zweckentfremdungsgenehmigung?: https://www.muenchen.de/rathaus/Stadtverwaltung/Sozialreferat/Wohnungsamt/Zweckentfremdung/Was-ist-eine-Zweckentfremdung-.html
  3. even if he does have a Zweckentfremdungsgenehmigung, does the Finanzamt know about, i.e. does he tax the income?

Most flats that are offered on Airbnb are in fact illegal, so I think the OP's chances of actually getting a Wohnungsgeberbestätigung with which to register, for an Airbnb flat, are slim to none.

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of course the "landlord" can refuse to file the papers, but as smaug points out, it's not really the OPs problem

 

6 hours ago, Smaug said:

The Ausländerbehörde has nothing to do with this. If you want to register and your Wohnungsgeber refuses to collaborate you just go to the Wohnanmeldeamt and tell them where you live, who the Wohnungsgeber is, and that he or she won't sign the relevant form. It's for the Wohnanmeldeamt to chase that up.

 

as I understand it, it's exactly like that.  The solution is to go register anyway, tell them the air-bnb wouldn't fill out the form, and let the burgeramt deal with the rest.   I suggest you take your contract with you as some kind of proof that you actually rented the place.

 

If you've only booked for a month you'll likely be long gone before (as if it will ever happen - I doubt it) the "landlord" gets any action from the amt, so there should be few worries about being kicked out.

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19 minutes ago, lisa13 said:

of course the "landlord" can refuse to file the papers, but as smaug points out, it's not really the OPs problem

 

It will be the OPs problem when he opens the can of worms Panda wrote about. 

 

 

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if they press for the form from the landlord, yes I can see that being a problem

 

I don't see how it's a problem to just to go the amt and say (truthfully) that the landlord won't sign the papers. 

 

you HAVE to register!  what alternative do you propose?

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12 minutes ago, lisa13 said:

if they press for the form from the landlord, yes I can see that being a problem

 

I don't see how it's a problem to just to go the amt and say (truthfully) that the landlord won't sign the papers. 

 

That's just a detour, the Amt will contact the landlord and if (none of us knows, including the op) the landlord doesn't even know that the tenant offers the flat on Airbnb the op can be evicted immediately. And I mean immediately – and being homeless will not speed up registration.

 

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you HAVE to register!  what alternative do you propose?

 

Looking for permanent address or place where registration is possible asap and telling the truth to the Amt when registering. They know it's not possible with hotels or Airbnb. 

 

 

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Do you know/think the amt is chasing up landlords who don't sign off *right away*, especially when in some cities (Berlin at least) people can't even get in to register within the normal two week period because the amt is completely overburdened?  I'm guessing in berlin it just doesn't matter at all, as if they follow up, it will be long after the OP has left the rental

 

even in munich I have seen the anmeldung line snaking out the door onto the street (it's really the line, not just a collection of people hanging around).  I have no idea how much time they have to pursue these things.  My guess is, none, but surely if you have further info on that particular point, it'd be helpful to someone, someday, maybe (at least wouldn't hurt)  

 

But now I'm honestly quite confused as it sounds like on the one hand you're saying "don't you dare register or you'll lose your flat!" and then "register and tell them the landlord won't sign off"  ie be honest.

 

yeah.  I agree?

 

 

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1 hour ago, someonesdaughter said:

 

It will be the OPs problem when he opens the can of worms Panda wrote about. 

 

 

Or the main tenant might get evicted if owner is not aware of the Airbnb! Nothing is ever simple.

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2 minutes ago, lisa13 said:

But now I'm honestly quite confused as it sounds like on the one hand you're saying "don't you dare register or you'll lose your flat!" and then "register and tell them the landlord won't sign off"  ie be honest.

 

You are obviously confused. Please re-read what I wrote.

 

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yeah.  I agree?

 

I don't understand your question.

 

 

 

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well that is a risk the air bnb "landlord" is taking (if they are not the actual owner, and/or don't have permission to do this)

 

The part that does seem simple to me, is that when push comes to shove, I see zero reason why the OP should personally and willingly violate his/her own legal obligations (and put themselves directly at risk with the amt) to protect the landlord 

 

 

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Just now, lisa13 said:

I see zero reason why the OP should personally and willingly violate his/her own legal obligations (and put themselves directly at risk with the amt) to protect the landlord 

 

To protect himself. Speculations on how long it would take or not take the authorities to get in contact wit the landlord are just that, speculations. 

 

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