Landlord denies rental because of short-term residence

19 posts in this topic

Hello all,

 

 

A friend of mine has applied for renting an apartment (not private, Hausverwaltung landlord). The firend has studied in Germany, and had recently re-newed his visa (still valid for next 4 years). He also just got a job in Germany (unbefristet).

The landlord has denied him a rental contract, and mentioned (in Email) becuase of his temporary residence. Even when my friend suggested a temporary rental contract, they have denied again, and accusing him of illegal (!) action. 

 

From my point of view this is illegal from the landlord, and even discrimination. 

Does the landlord has any legal grounds to do so? From what I read they are now allowed to do that. Any advise?

 

Thanks in advance.

 

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Sounds like the landlord chose another tenant which is legal if no contract had already been signed by your friend.

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15 minutes ago, sajad2006 said:

From my point of view this is illegal from the landlord, and even discrimination. 

 

This is discrimination but totally legal. 

 

Illegal would have been for the landlord to admit that you're rejected because of your race, religion, sex, etc. But only very stupid landlords admit it in writing.  

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Thanks. 
@fraufruit: I don’t think they have chosen another tenant. It is a big house and indeed the friend wants to rent the apartment I am currently living in and leaving;-)

 

@yourkeau: Understandable! I was surprised that they even mentioned the residence status as reason in email. Usually they reject without saying a reason. 
 

 

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OK. You left out an important piece of info.

 

Curious, are you and your friend the same race/nationality? If so, why did the landlord rent to you if they are so racist?

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2 hours ago, fraufruit said:

OK. You left out an important piece of info.

 

Curious, are you and your friend the same race/nationality? If so, why did the landlord rent to you if they are so racist?

He is. 
but the landlord did not mentioned nationality or race, just simply the residence status! 

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6 hours ago, yourkeau said:

This is discrimination

Why? Maybe he simply wants a long-term tenant. Like our tenant who moved as a child in 1956 and left for a hospice in 2019.

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16 hours ago, jeba said:

Why? Maybe he simply wants a long-term tenant. Like our tenant who moved as a child in 1956 and left for a hospice in 2019.

I do understand the motivation: neither OP nor me implied that the landlord is racist.

 

But this desire for long-term tenants makes it very difficult for foreigners on temporary contracts to find a place to live. This is discrimination de facto, but totally legal.

 

In Bayreuth I got an apartment very easily because I got a job with the university. Many landlords are only renting to students, and the landlady for some reason thought I was a student (probably bad communication from my lab's secretary, but I was lucky as a result). As a result of this "normal" people with jobs cannot find apartments, most of them Germans who are being discriminated against.

 

The rental market in Germany has a lot of positives, but the process of finding an apartment does not belong to them, in any city. 

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1 hour ago, yourkeau said:

This is discrimination de facto

It may be, but discrimination can well be justified. If circumstances are different you might act differently. Just think of those poor millionaires who get harassed by tax fraud investigation units. Isn´t it unfair that they are more often subject to that kind of harassment than the local beggar living a bridge?

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"But this desire for long-term tenants makes it very difficult for foreigners on temporary contracts to find a place to live. This is discrimination de facto, but totally legal."

Because -

The trouble from many landlords' side, is that short term rental contracts are theoretically illegal unless it is written, and later proveable if necessary, that the property is needed for their own use (Eigenbedarf) at the end of the term. Laws here are very tenant favourable. So if you need to sell your property and the tenant, who swore blind they were just here for a few months, decides they now only want to leave when they turn their toes up, you have an expensive problem on your hands. 

 

Edit, please correct me if I'm wrong.

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1 hour ago, yourkeau said:

I do understand the motivation: neither OP nor me implied that the landlord is racist.

 

But this desire for long-term tenants makes it very difficult for foreigners on temporary contracts to find a place to live. This is discrimination de facto, but totally legal.

 

In Bayreuth I got an apartment very easily because I got a job with the university. Many landlords are only renting to students, and the landlady for some reason thought I was a student (probably bad communication from my lab's secretary, but I was lucky as a result). As a result of this "normal" people with jobs cannot find apartments, most of them Germans who are being discriminated against.

 

The rental market in Germany has a lot of positives, but the process of finding an apartment does not belong to them, in any city. 

 

Well, when you give a tenant lots of rights and protections against the greedy landlords it's to be expected that those same landlords become particularly fussy about their prospective tenants. You take the good with the bad.

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3 hours ago, AlexTr said:

The moral of the story is that, next time, your friend should lie about how long they are staying.

They always ask for a copy of your passport and visa though 🧐

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2 minutes ago, Santitas said:

They always ask for a copy of your passport and visa though 🧐

 

I know. I was just making a joke...apparently not a good one.

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1 hour ago, mtbiking said:

Well, when you give a tenant lots of rights and protections against the greedy landlords it's to be expected that those same landlords become particularly fussy about their prospective tenants

 

Even not greedy landlords don't want the extra costs of re-renting their properties every year or two. There are usually some repairs to be made and hassles over the condition of the properties when one leaves. Then the incessant nagging over when do I get my deposit back which we all know it takes some months due to working out the final bills. Oh, and the properties sit empty for a few weeks or more in between tenants. Then comes showing the properties and finding new tenants.

 

Of course landlords prefer long staying tenants. It is a business after all.

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11 minutes ago, fraufruit said:

 

Even not greedy landlords don't want the extra costs of re-renting their properties every year or two. There are usually some repairs to be made and hassles over the condition of the properties when one leaves. Then the incessant nagging over when do I get my deposit back which we all know it takes some months due to working out the final bills. Oh, and the properties sit empty for a few weeks or more in between tenants. Then comes showing the properties and finding new tenants.

 

Of course landlords prefer long staying tenants. It is a business after all.

 

Yep! By the way, my tenants are moving out in Setember. If anyone needs a small row house (ca. 100 sqm living area, small garden, terrace, garden house) close to the Michaelibad Ubahn feel free to send me a (properly written, please) PM. 

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thank all for your feedback and nice discussion.

 

Just to be clear: My friend ( the applicant) does want a normal (unbefristet) rental contract, but is denied. As a middle solution he asked if he himself applies again (with signature etc) and asks for a e.g. 3-yrs contract (i.e. the legal burden of the short-term contract will be on him and not on the landlord), but the Hausverwaltung again rejected.

 

An Update: The friend has contacted the management of the company and they had told him that duration of the residence permit is not an issue for them and they 'will talk to their employee'.

So, fingers crossed, and I keep you posted. :-)

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