Untermieter rights with guests with covid related twist

17 posts in this topic

Hi all,

I have a question as how I should handle a situation with my untermieter. I have rented a room to a (non- German) student for about 2 years. We agreed that her boyfriend could spend 2 overnights a week and cook occasionally meals with her, We set on an additional small increase in rent for this purpose. Due to Covid and Germany being "shut down" she went home for an extended period of time (more than 3 months). She continued to pay rent as she needed and wanted a wohnsitz to attend the University. She has returned and the boyfriend has been cooking every meal and staying far more than the 2 night per week here. The renter states that because she continued to pay rent they are entittled to " make up" the time missed by the boyfriend staying here . I said that it was her decision to go home for that time period- no one made her leave. If a person goes on an extended vacation, they still pay the rent.

btw- The boyfriend has his own place as well, but they spend zero time there together. Either he is not allowed to have visitors or I have just made it too cozy for the two of them here, 

Can anyone give me some advice how to handle this. Do I have any grounds for my point?  It is really getting annoying how much time the friend is spending here.

 

thanks for any thoughts

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Yes- it is part of the rent contract. I guess my issue is that - they think they are entitled to increasing the time the boyfriend stays because they paid for it and were not here.

 

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Well if it says it is 2 overnights a week in the contract, then it is just that. If she doesn’t take the 2 overnights a week, then that’s her problem. Does it exactly say 2 overnights a week? 

 

I think what you are asking is more than fair. If you wanted a couple to move in with you, then you would have done just that. But you didn’t, so you requested two nights a week. 

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Mietverin time or just give her a 3 month notice to move out for breaking the contract. Her boyfriend doesn't get to make up the rules.

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16 minutes ago, fraufruit said:

Mietverin time or just give her a 3 month notice to move out for breaking the contract. Her boyfriend doesn't get to make up the rules.

 

The Mieterverein can't help the OP because is on the other side of the contract. Furthermore, the notice period is possibly shorter depending on whether or not it is furnished. 

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We dont necessarily want the renter to move out, just obey the 2 nights per week. If it comes down to her moving out, yes the room in furnished. Is the notice time 2 weeks? I read that somewhere, but wasnt sure.

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the answer to this predicament hinges on the question whether or not this room in your apartment is furnished, or not.

You're lucky, if the Untermieter rented a furnished room in your home (and you are personally living there too). 

 

https://www.anwalt.de/rechtstipps/wie-werde-ich-meinen-untermieter-wieder-los_061661.html

Anders als im Hauptmietverhältnis kann der Untermieter gemäß § 549 Abs. 2 Nr. 2 BGB für sich keinen Mieterschutz in Anspruch nehmen. Durch diese besondere gesetzliche Regelung muss der Untervermieter eines möblierten Zimmers als Teil seiner selbstgenutzten Wohnung die Kündigung gegenüber dem Untermieter nicht begründen, der Untermieter hat kein Widerspruchsrecht gegen die Kündigung und er muss eine relativ kurze Kündigungsfrist dulden. Die Kündigungsfrist beträgt gemäß § 573c Abs. 3 BGB nur 14 Tage und die Kündigung muss schriftlich bis spätestens zum 15. des jeweiligen Monats dem Untermieter zugehen.

§ 573c Fristen der ordentlichen Kündigung

(…)

(3) Bei Wohnraum nach § 549 Abs. 2 Nr. 2 ist die Kündigung spätestens am 15. eines Monats zum Ablauf dieses Monats zulässig.

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They are trying to bully you.  Tell them to it's two nights per week and not two nights cumulative per week and if they don't like it, give her notice.

Would she expect to be able to stay in the apartment for 3 months after her contract expires?  

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Yes we are living in the apartment as well. Thanks for the link Karin! We will have to bring this up and see if she is willing to change or leave. thank you!

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It's bullshit. Give notice and get other tenants, as the trouble will not stop here.

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Hi all, talked to the renter and she said her boyfriend will only stay overnight the 2 nights per week. (we will see), but still says her boyfriend is entitled to visit every day and cook meals with her. When he visits, it is from morning until at least 10 at night. They have literally every meal together as well.

I am not sure if a tenant that rents 1 room in an apartment we live in has same rights as a tenant that lives in a whole rented apartment. Do they? I have read that visitors can not be refused- but in all the info I find it is for rented apartments- not single rooms. As klingklang77 stated, if we wanted a couple to rent a room, we would have. 

 

If we need to get rid of her, is it really that easy. 2 weeks for a furnished room with notice before the 15th? 

thanks again for any input.

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31 minutes ago, premaxxer said:

If we need to get rid of her, is it really that easy. 2 weeks for a furnished room with notice before the 15th? 

Quote

Notice period for subletting furnished accommodation

If it is furnished living space and the main tenant also lives in the flat, the short notice period of 2 weeks applies. If the main tenant terminates the subletting agreement by the 15th of a month, the subtenant must move out by the end of the month. The main tenant does not need a reason for termination. However, this shortened notice period does not apply if the furnished accommodation has been rented to families.

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

Source: https://umziehen.de/wohnen-leben/untermietvertrag-kuendigen-so-beenden-sie-das-mietverhaeltnis-10774

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You‘ve just missed the chance to give notice for the end of May.

 

If you are planning to give notice to the end of June, you might want to consider waiting until (e.g.) the 12th of June.

 

Otherwise you might have a very angry subtenant for the next 6 weeks.

 

Of course there‘s also the aspect of giving her 6 weeks to look for a new place.

 

On the other hand she‘s not exactly being considerate right now, either.

 

Just my 2 cents :-)

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Yes, I realize that. She has been a great renter until her return and we are hoping that she will be again. We needed some ground to back us up with. Maybe she will see our point ( and we will be gone for a week before she would have had to move out) so just being safe on our side. One never knows how others will react. Could return and find the place or things trashed!

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