My landlord(a real estate company) rejected my proposal to rent my apartment to a Syrien migrant. Is it legal?

46 posts in this topic

Hello there, it’s the first time I post here, please let me know if I didn’t do this correctly.

Here is the thing:
Recently I need to move to another city and according to my lease contract with the real estate company, I need to find the next tenant so I can get my Kaution back. The tenant is required to have monthly stable income or if the tenant is a student then a Bürge(a guarantor) is needed.

 

I found a tenant very fast. He is from Syria and has found a new job in my city. He has already been in Germany for several years and worked in another city before. I think he meets all the requirements and submitted his application with several documents.

 

I can’t believe this morning I received a email from the landlord rejecting him as the new tenant. They say it’s because his job is not stable enough in their opinion. But when I applied for the apartment I was just a student and had no income or a guarantor. I just signed the contract and moved in. Everything was so easy so I don’t understand why now it must be so hard for him. 

 

Actually I have other candidates who want to rent the apartment but I don’t want to just move on. Could anyone give me some advices? Is it legal for the landlord to do this? Thank you very much.

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That is pretty par for the course in Germany... and yes, it's legal.

The landlord was not foolish enough to put discriminatory or racist remarks in writing...

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4 minutes ago, Metall said:

That is pretty par for the course in Germany... and yes, it's legal.

The landlord was not foolish enough to put discriminatory or racist remarks in writing...

Thanks a bunch for the reply. So It’s all up to the company to decide and I can’t do anything? It’s so frustrating...

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Racists. Simple and clear.

You can still reach out to them and "clarify" it is a stable job. You can also attach a letter from the guy's boss or company stating the terms of work.

Good luck!

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45 minutes ago, InfiniteJest said:

Thanks a bunch for the reply. So It’s all up to the company to decide and I can’t do anything? It’s so frustrating...

Yes. They are free to choose tenants. 

 

On one hand, this is Dresden. On the other hand, I see that your grandfather was not in NSDAP either, yet you got this apartment, so I would rather not invoke the racism card here. It is typical for German landlords to look specifically for students but reject people with permanent blue-collar jobs, I experienced this in Bayreuth, and ironically these were the locals, not foreigners who suffered from this policy. 

 

I can offer the explanation, why: you legally cannot expel a tenant who is paying rent, even if it is well below the market level you have very limited ability to raise it. Students typically live for several years and then leave, then you can legally raise the rent to whatever you want. 

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1 hour ago, InfiniteJest said:

I found a tenant very fast. He is from Syria and has found a new job in my city.

 

48 minutes ago, InfiniteJest said:

 So It’s all up to the company to decide and I can’t do anything? It’s so frustrating...

 

Regardless of what his contract says, statutory employment protection only kicks in after 6 months on the job. Refusing a prospective tenant who has been working for less than 6 months for the same employer is not unusual in Germany. 

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36 minutes ago, travelerworker said:

Racists. Simple and clear.

You can still reach out to them and "clarify" it is a stable job. You can also attach a letter from the guy's boss or company stating the terms of work.

Good luck!

I’m also not German or white so I am not so sure if it’s racism...but I did try to explain more to the company and even send them his work contract but they still said no. 

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23 minutes ago, yourkeau said:

Yes. They are free to choose tenants. 

 

On one hand, this is Dresden. On the other hand, I see that your grandfather was not in NSDAP either, yet you got this apartment, so I would rather not invoke the racism card here. It is typical for German landlords to look specifically for students but reject people with permanent blue-collar jobs, I experienced this in Bayreuth, and ironically these were the locals, not foreigners who suffered from this policy. 

 

I can offer the explanation, why: you legally cannot expel a tenant who is paying rent, even if it is well below the market level you have very limited ability to raise it. Students typically live for several years and then leave, then you can legally raise the rent to whatever you want. 

So it’s all about maximizing their profit? Somehow I could understand more this way. But his salary is more than three times the monthly rent. I still can’t see what the problem is. The landlord even offered me a easy way out: I can leave without finding the next tenant but the Kaution will not be returned.

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27 minutes ago, engelchen said:

 

 

 

 

Regardless of what his contract says, statutory employment protection only kicks in after 6 months on the job. Refusing a prospective tenant who has been working for less than 6 months for the same employer is not unusual in Germany. 

I see...so it’s not uncommon to practice this way? 

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27 minutes ago, Metall said:

True, the high turnover of student tenants is attractive right now.

Ok so being a student is more easily to rent an apartment? I didn’t know that cos the student dormitory and this apartment is all the rental experience I ever had in Germany. Thanks for the clarification.

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It is kind of weird, depends on the area, and is subject to constant change. Landlords in Germany are a bit fickle.

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30 minutes ago, InfiniteJest said:

So it’s all about maximizing their profit? 

Every single time, Kiddo.

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54 minutes ago, InfiniteJest said:

 The landlord even offered me a easy way out: I can leave without finding the next tenant but the Kaution will not be returned.

 

THAT is highly illegal!

The Kaution (deposit) ONLY covers damage done to apartment and/or any furnishing.

It DOES NOT cover missing rent, or your not supplying a Nachmieter, or if your dancing to the landlord's tune was not artistic enough. :wacko:

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54 minutes ago, InfiniteJest said:

The landlord even offered me a easy way out: I can leave without finding the next tenant but the Kaution will not be returned.

I’m not sure if this is legal. Worthwhile to investigate deeper.

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2 hours ago, InfiniteJest said:

Actually I have other candidates who want to rent the apartment

 

So give your landlord their info. He can't refuse everybody and then keep your Kaution because you didn't find somebody. That also sounds illegal but if it was in your contract and you signed it, I'm not sure.

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18 minutes ago, LukeSkywalker said:

I’m not sure if this is legal. Worthwhile to investigate deeper.

 

It is totally illegal!! Even writing a clause like that in the contract is illegal.

 

OP, you need to get legal advice. Join the nearest Mieterverein (tenant's organization), they can help you write letters to demand your Kaution back!
Also, when you move out, take many pictures of the apartment and insist on a personal handover with the landlord, and a written and signed Übergabeprotokoll, a record of any damages (or none) to the apartment. This is a normal thing i Germany.
That will stop your landlord from inventing damages after the fact.
The Mieterverein will advise on this, too.

 

I'm getting tired of landlords taking advantage of foreigners.

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I stand corrected. Still, give your landlord the other names you have just to move things along.

 

And join the Mietverein as suggested.

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Thank you everybody for the advice. I will give the company other candidates’ information after I am 100% sure that they will not accept this one. I mentioned the Kaution thing cos I don’t understand why they would rather nobody rent the apartment than him.

 

And I am also planning to join the Mietverein. 
 

Thanks again for the advices. It’s very helpful. 

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1 hour ago, Metall said:

The Kaution (deposit) ONLY covers damage done to apartment and/or any furnishing.

It DOES NOT cover missing rent,

That´s not true. Of course, it covers missing rent.

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