Here's another question about housing search.

31 posts in this topic

22 hours ago, Pandekage said:

Given that I'm technically already registered somewhere for the same time period, is it less of a problem that (in worst case) I'm not registered in Hamburg, even though I'll be starting work here?

Legally I think it doesn´t make a difference. In practical terms it probably does (think e.g. opening a bank account, getting a phone contract etc.). Don´t regard this expert advice though.

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On 7/25/2019, 7:32:35, jeba said:

Good point. Getting the Wohnungsgeberbestätigung wouldn´t be my main worry. I´d just point out to the main tenant (after signing the contract) that she has to give it to you. If she still refused I´d simply take the lease to the registration authority and tell them your landlord refused to give it to you.

In my case, the main tenant has not refused to give the "Wohnungsgeberbestätigung", but he is simply giving me excuses, like "my computer is broken", "I don't have a printer", "I am busy with some stuff". The main tenant doesn't live in Germany currently, he is temporarily living in Africa. I have been texting him and calling him since 3 weeks. He is not receiving my call or replying to my messages anymore. Can I still go to registration authority, with just the contract?

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32 minutes ago, HG said:

In my case, the main tenant has not refused to give the "Wohnungsgeberbestätigung", but he is simply giving me excuses, like "my computer is broken", "I don't have a printer", "I am busy with some stuff". The main tenant doesn't live in Germany currently, he is temporarily living in Africa. I have been texting him and calling him since 3 weeks. He is not receiving my call or replying to my messages anymore. Can I still go to registration authority, with just the contract?

 

Yes, you can. Be sure to give the registration office the landlord's contact info, as they will contact him.

You'll be OK.

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If I can pose a quick legal (and moral question) about a pretty prickly scenario, if you guys don't mind:

 

I'm currently a subtenant of a room in a 2er WG; it's furnished and the contract lasts until the end of August. The woman who I'm subletting from is doing a study year abroad, hence the room's availability. I'm living currently with her boyfriend as flatmate.

 

Last week the boyfriend informed me (verbally) that due to the corona crisis the woman is going to fly back to Germany at the end of May and will need her room back. Shitty scenario on all sides, but understandable. I open WG-Gesucht back up and go hunting. Finally I find an offer yesterday, I accept (via text), and I'm excited and whatnot and go to inform the boyfriend.

 

Surprise! Turns out the girlfriend is actually staying until the end of June, since apparently the authorities are processing her visa and she can stay during. If it's denied, she's departing then, at the end of June. If not, she stays until the end of August as previously specified.

 

Sooo that means I apparently have to be on the WG search for TWO additional possible move-out dates, one for June and one for August. I'm generally understanding of the situation, but she's the one who's got a home to return to and I'm the one going to be constantly stressing about finding a place over the next two months. So, the question is, what's the Kündigungsfrist for my situation - limited duration (befristet), furnished WG room? Can I give notice early? If not, can the Vermieter give notice on her side, or can I legally stay until the end of August without worrying about eviction? Thanks so much... I am part of the Mieterverbund so I'm calling first thing tomorrow.

 

PS. The contract says nothing about giving notice (Kündigungsrecht), just the limited duration to August.

 

 

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18 minutes ago, Pandekage said:

If I can pose a quick legal (and moral question) about a pretty prickly scenario, if you guys don't mind:

 

I'm currently a subtenant of a room in a 2er WG; it's furnished and the contract lasts until the end of August. The woman who I'm subletting from is doing a study year abroad, hence the room's availability. I'm living currently with her boyfriend as flatmate.

 

Last week the boyfriend informed me (verbally) that due to the corona crisis the woman is going to fly back to Germany at the end of May and will need her room back. Shitty scenario on all sides, but understandable. I open WG-Gesucht back up and go hunting. Finally I find an offer yesterday, I accept (via text), and I'm excited and whatnot and go to inform the boyfriend.

 

Surprise! Turns out the girlfriend is actually staying until the end of June, since apparently the authorities are processing her visa and she can stay during. If it's denied, she's departing then, at the end of June. If not, she stays until the end of August as previously specified.

 

Sooo that means I apparently have to be on the WG search for TWO additional possible move-out dates, one for June and one for August. I'm generally understanding of the situation, but she's the one who's got a home to return to and I'm the one going to be constantly stressing about finding a place over the next two months. So, the question is, what's the Kündigungsfrist for my situation - limited duration (befristet), furnished WG room? Can I give notice early? If not, can the Vermieter give notice on her side, or can I legally stay until the end of August without worrying about eviction? Thanks so much... I am part of the Mieterverbund so I'm calling first thing tomorrow.

 

PS. The contract says nothing about giving notice (Kündigungsrecht), just the limited duration to August.

 

 

I don´t know - my gue feeling is you have a time limited contract and unless you mess up (like not paying rent) it´s her problem where she finds a place, not yours.

 

Just googled and my gut feeling seems to be right:

Quote

Ist eine Befristung vereinbart worden, dann kann normalerweise keine Seite vor Ablauf dieser Zeit den Vertrag kündigen. 

Source: https://www.promietrecht.de/Untermieter/Kuendigung/Untermietvertrag-kuendigen-verschiedeneFristen-im-Vertragsverhaeltnis-E1263.htm

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2 minutes ago, jeba said:

I don´t know - my gue feeling is you have a time limited contract and unless you mess up (like not paying rent) it´s her problem where she finds a place, not yours.

 

Just googled and my gut feeling seems to be right:

Source: https://www.promietrecht.de/Untermieter/Kuendigung/Untermietvertrag-kuendigen-verschiedeneFristen-im-Vertragsverhaeltnis-E1263.htm

I hope that's true... still, I did read somewhere that there's an exception if the space needs to be given to family members or something. I'd be really pissed if I didn't have Kündigungsrecht but the woman did.

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12 minutes ago, Pandekage said:

I hope that's true... still, I did read somewhere that there's an exception if the space needs to be given to family members or something. I'd be really pissed if I didn't have Kündigungsrecht but the woman did.

A boyfriend isn´t a family member - so I wouldn´t be too worried. Apart from that it´s quite unlikely that she should have a unilateral right of termination.

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1 hour ago, jeba said:

A boyfriend isn´t a family member - so I wouldn´t be too worried. Apart from that it´s quite unlikely that she should have a unilateral right of termination.

Thanks, I'll check with the Mieterverein tomorrow but looks like I don't have to stress too much.

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20 hours ago, Metall said:

 

Yes, you can. Be sure to give the registration office the landlord's contact info, as they will contact him.

You'll be OK.

 

I gave all other documents to the registration office, apart from landlord's confirmation. But they didn't accept my request and replied as follows:

 

"der Untermietvertrag reicht nicht aus. Wir brauchen die Wohnungsgeberbestätigung ausgestellt und unterschrieben vom Hauptmieter der Wohnung."

 

I don't know what to do to register myself on this address! :( 

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14 hours ago, jeba said:

I don´t know - my gue feeling is you have a time limited contract and unless you mess up (like not paying rent) it´s her problem where she finds a place, not yours.

 

Just googled and my gut feeling seems to be right:

Source: https://www.promietrecht.de/Untermieter/Kuendigung/Untermietvertrag-kuendigen-verschiedeneFristen-im-Vertragsverhaeltnis-E1263.htm

I found something in my contract: 

 

"Dem Untermieter ist bekannt, dass die Untervermieter selbst Mieter sind und dass der Untermieter gegenüber dem Eigentümer der Wohnung und Vermieter keinen Kündigungsschutz genießt."

 

What does this mean for me?

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3 hours ago, Pandekage said:

I found something in my contract: 

 

"Dem Untermieter ist bekannt, dass die Untervermieter selbst Mieter sind und dass der Untermieter gegenüber dem Eigentümer der Wohnung und Vermieter keinen Kündigungsschutz genießt."

 

What does this mean for me?

That your contract will be terminated as well if the contract of the main tenant will be terminated by the landlord.

 

5 hours ago, HG said:

I don't know what to do to register myself on this address! :( 

Just tell them in writing the reason why you cannot get the Wohnungsgeberbestätigung and how to contact the landlord.

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