Renting a flat, but not living there

7 posts in this topic

Hello, I am my family find ourselves in a rather strange position. We have been in Germany since 8 years, and fulfill all the criteria of citizenship. We live in an apartment that we own.

Unfortunately, the responsible person in the Landratsamt is extremely slow. We applied in Jan 2020, and only now he has sent us the list of documents. A complete 1 year later. We spoke to some other people, who also were severely delayed in getting their citizenship. We have some plans, and would like to get the citizenship asap. I fear that if we apply here, it will take forever for our application to get processed.

 

Meanwhile, friends in the neighboring LRA got theirs in 2 months! Yes, just 2 months from the first contact to the LRA.

 

We are considering taking up an apartment on rent in that LRA, registering with the Gemeinde, and then applying to that LRA for our citizenship. We do not want to move though. When the citizenship would be done, we would give notice to the landlord. Our financial situation allows us to pay rent (burn money) for the rental apartment for 3/4/5 months, which is what we assume should be enough.

 

Apart from being a "verruckt" thing to do, and apart from causing the Landlord some strife (because they would have to look for a new tenant soon-ish), I would like to know the legal implications of this. Do we need to disclose categorically to the Gemeinde, that we are not de-registering from our apartment? I guess we could say that we are still looking for a tenant for our apartment. If we do really go this route, what else do we need to think about? I was planning to go once a week or so to air the empty apartment and just check that nothing is wrong.

 

I know that this sounds extreme, but our frustration with the existing LRA has reached a limit. Phone-calls are not answered, escalations lead to nowhere. Meanwhile, a phone-call to the neighboring LRA was received very pleasantly, and they were like "yeah, just do the Anmeldung, come to me and we will start the process". It is bad luck that we are stuck with the current LRA.

 

Many thanks,

K

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This a very stupid idea. Your new potential landlord is actually not allowed to give you a Wohngungsgeberbescheinigung until you've actually moved in (it would be a violation of the BMG) and committing misdemeanours in order to speed up the process could backfire. Furthermore, since you come from a country with unreliable documents, it is unlikely that your citizenship application can be processed in 6 months.

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Thank you very much for the prompt reply. I agree, I had overlooked the Wohngungsgeberbescheinigung in my grand scheme. What is the BMG though? Moreover, the set of of documents mentions "Wohnraumnachweis (Mietvertrag mit aktuellen Mietkosten oder Eigentumsnachweis, wie z.B., Kaufvertrag)". It does not mention anything about Wohngungsgeberbescheinigung, thought that may differ from 1 LRA to another.

 

That said, I am in absolutely no mood to commit any misdemeanors, and hence asking the good folks here.

 

Please understand that we have been waiting patiently, (but frustratingly) for the whole of 2020. We gave the benefit of doubt with regards to Covid, Brexit etc. But when our friends living 30 kms away, from the same nationality take only 2 months, the mind starts thinking of creative and expensive alternatives.

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10 minutes ago, kaykay80 said:

But when our friends living 30 kms away, from the same nationality take only 2 months, the mind starts thinking of creative and expensive alternatives.

 

Did they get married in Germany? If not, I don't know their application was processed so quickly considering the security checks and the Vertrauensanwalt.

 

https://www.gesetze-im-internet.de/bmg/

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I´d try to find out whether there is limit to how long they can take to process your application. I once had to wait for 5 months to have an application for a pension to be approved and when I complained and threatened to sue the DRV (public pension insurance). They told me that they have 6 months before I could file an Untätigkeitsklage (proceedings for failure to act). Maybe they also have such a limit?

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