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Unable to register in Berlin

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I was so excited at finally being able to move to Berlin and now it has turned into a Nightmare. I was living in Frankfurt, I had a good job helping children with learning disabilities in schools and I had an apartment I could afford.

 

I moved to Berlin on the 29th of February into my brother's apartment and I had a temp agency that told me there were so many jobs in schools that they were certain they could get me a job quickly. Then I got here and the Corona virus really kicked in and now all the schools aren't hiring and to make matters worse, my brother's landlord is simply not responding to the letter we sent them notifying them that I have moved in with my brother. This means that I have nothing to show that I am living here which in turn means that I cannot register here. That means that I cannot sign on as unemployed.

 

I am now stuck in an apartment I can barely afford, burning through my savings because unfortunately humans have to eat and if the company that rents my brother's apartment doesn't get back to me, I have no idea what I can do. I'm completely stuck. We tried calling the company but there is no answer. They have probably sent most people home.

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Is it possible to submit the landlord's certificate at a later date if it is not available at the time of registration?

Ideally, you will receive the landlord's confirmation when you hand over the apartment. However, if this is not the case and it is not yet available at the time of registration, tenants have the option of submitting the landlord's certificate to the registration office in writing or electronically within two weeks.

 

Attention: If the certificate is intentionally or negligently not submitted within the specified period or not submitted at all, this behaviour constitutes an administrative offence and can be punished with a fine of up to 1,000 €. As a tenant, you should therefore always keep an eye on the deadlines after the move, then you are on the safe side.

What can I do as a tenant if the landlord does not issue a landlord certificate?
In such a case, the tenant should immediately inform the residents' registration office. They will then contact the landlord and ask him to hand over the certificate. If the landlord still fails to comply with his duty to cooperate, he is acting contrary to regulations and must expect a fine of up to €1,000.

Translated with www.DeepL.com/Translator (free version)

https://www.h-z-immobilien.de/ratgeber/mieter/die-vermieterbescheinigung/

 

So basically go to the Einwohnermeldeamt and tell them what's going on.  I think that a worldwide pandemic would excuse the " intentionally or negligently not submitted within the specified period" bit.  Get a letter from your brother basically stating the same info that is on the "Vermieterbescheinigung" (but don't use the same form or it might be seen as an attempt to defraud).  They will contact your landlord themselves.  

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I moved to Berlin on the 29th of February into my brother's apartment

 

Did your brother obtain the landlord's permission before you moved?

 

@BradinBayern

 

Why do you think that the link you provided is relevant to the OP's situation?  The OP has not given any indication that the landlord was informed much less gave permission for him to move in. 

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4 hours ago, engelchen said:

Why do you think that the link you provided is relevant to the OP's situation?  The OP has not given any indication that the landlord was informed much less gave permission for him to move in

 

5 hours ago, LostManAbroad said:

to make matters worse, my brother's landlord is simply not responding to the letter we sent them notifying them that I have moved in with my brother.

 

Usually sending a letter of notification is considered by most intelligent humans as an indication that said person was informed.  Do you have a different perspective?

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32 minutes ago, BradinBayern said:

Usually sending a letter of notification is considered by most intelligent humans as an indication that said person was informed.  Do you have a different perspective?

 

Yes, the OP also needs permission from the landlord. Although under most circumstances the landlord is not allowed to refuse, permission is still required. Until the issue of permission has been clarified, the OP does not have an automatic right to the Wohnungsgeberbestätigung. Therefore, the OP can't leave it up to the Bürgeramt to sort it out. 

 

https://www.berliner-mieterverein.de/recht/infoblaetter/info-8-untermiete-und-untervermietung-hauptmieter-und-untermieter.htm

 

The OP quit his job and gave up his apartment in Frankfurt without first finding a new job nor making sure he could legally register at his brother's apartment. He can't afford to make any more mistakes if he wants his unemployment insurance benefits to be processed quickly (and I'm not sure whether there is anyway around the Sperre) . 

 

 

 

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3 hours ago, engelchen said:

 

Yes, the OP also needs permission from the landlord. Although under most circumstances the landlord is not allowed to refuse, permission is still required. Until the issue of permission has been clarified, the OP does not have an automatic right to the Wohnungsgeberbestätigung. Therefore, the OP can't leave it up to the Bürgeramt to sort it out. 

 

https://www.berliner-mieterverein.de/recht/infoblaetter/info-8-untermiete-und-untervermietung-hauptmieter-und-untermieter.htm

 

The OP quit his job and gave up his apartment in Frankfurt without first finding a new job nor making sure he could legally register at his brother's apartment. He can't afford to make any more mistakes if he wants his unemployment insurance benefits to be processed quickly (and I'm not sure whether there is anyway around the Sperre) . 

 

 

 

Permission?  Those goals post are a' movin'.  You said he didn't inform the landlord which was incorrect.  Yes, but he cannot reach the landlord and he is supposed to register in two weeks, so I hardly think it is a "mistake" to go and see if he can get it sorted out.  He should at turn in what he can now at the very least.  If he doesn't go within the two weeks, then THAT would be the mistake. 

 

BTW, from your own link:

Quote

Hat der Mieter ein berechtigtes Interesse an der Untervermietung, das nach Abschluss des Mietvertrages entstanden ist, kann der Vermieter die Genehmigung grundsätzlich nicht verweigern.

Beispiele für „berechtigtes Interesse“:

  • Aufnahme einer Untermieterin nach Ehescheidung und Auszug des früheren Ehegatten und Mitmieters;
  • Aufnahme eines Untermieters zur Gründung einer auf Dauer angelegten Wohngemeinschaft, unabhängig davon, ob es sich bei dem Untermieter um eine Person gleichen oder anderen Geschlechts handelt;
  • Aufnahme der in Wohnungsnot geratenen Schwester in die Wohnung;

 

So, yeah.

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