Anmelden, but how? | Returning to your own flat after 4 years

[pianostar69 31]

I de-registered from my Berlin flat and moved into a new flat with my girlfriend some years ago. I never told the landlord that I was moving out and a friend moved into my old flat and registered there, also without the landlord's knowledge, but the landlord either never noticed or never cared about the new second name on the doorbell.
 

My girlfriend and I are splitting (amicably, as it goes) and my friend moved out of my old flat. I now need to re-register the flat in my name at the Bürgeramt and move back into it.

 

If I ask the housing management company for the consent form (Wohnungsgeberbescheinigung), they will ask why I need one for a flat I never officially left, and the new housing management has been going crazy with (illegal) rent raises, kicking people out of their basement storage spaces because they didn't have the basement box checked on their rental contracts etc. I'm really afraid they will harass me even though in the end they couldn't kick me out.

Any advice? I was too used to the old days when there was no consent form and didn't handle this very wisely, I guess.

 

 

 

[Santitas 564]

I believe they can kick you out because you violated the law in not letting them know you were subletting your apartment. That automatically terminates your contract as far as I’ve heard.
 

The Bürgeramt will also not let you register without that document. Your landlord could really make your life hell. You could try calling them and pointing out that they’ve always got their rent on time and maybe they’ll be okay with it 

[vivanco 158]

23 hours ago, pianostar69 said:

 

If I ask the housing management company for the consent form (Wohnungsgeberbescheinigung), they will ask why I need one for a flat I never officially left, and the new housing management has been going crazy with (illegal) rent raises, kicking people out of their basement storage spaces because they didn't have the basement box checked on their rental contracts etc. I'm really afraid they will harass me even though in the end they couldn't kick me 

How about partially telling them the truth (don't know if it willwork or not) That you moved with your girlfriend and didn't wanted to loose the apartment if it didn't worked. Unfortunately you need wgb to re-register at your old place. 

[keith2011 2,210]

I have been living at the same place for a long time so this consent form requirement is new for me, whatever I would avoid as long as possible letting the landlord and the management company know you have not been living in the apartment, lie through your teeth if you have to. How about you ask the management company for a copy of your Wohnungsgeberbescheinigung, maybe say you can't find it (or never had it) and the Bergeramt have queried your registration or something, or its a new regulation for brexit (if you are British), something like that. If you never had one they will likely issue a new one but even something with the date when you first rented may get you though the Bergeramt.

[klingklang77 478]

Did you tell the Finanzamt that you were subletting? 

[paulwork 729]

It's not the best approach, but in the face of homelessness, if as far as the landlord is concerned, you never moved out, you could just say there was a mistake at the amt, they automatically deregistered you when a letter went stray and didn't arrive, and now you have to correct it with a re-register.

 

Amts deregister people automatically all the time (even though they shouldn't) when mail doesn't get delivered / lost in post / name tag falls off bell / whatever.

 

The landlord could decide to dig further though. But let's face it, Amts right now are impossible to get hold of due to staff shortages / Amt staff temporarily being re-assigned to Ukraine welcome centers / civil servants retiring and nobody wanting to replace them. So good luck to the tenacious landlord who has the patience to spend hours sending emails / making phone calls to Frau / Herr whoever who no longer works there, or only between the hours of 07:00 and 08:00 once a month in a leap year.

 

HOWEVER... If you have a good relationship with the landlord, and a good fingertip feeling that they wouldn't hold it against you (not likely with a faceless Liegenschaftverwaltung) then ignore all of above and come clean. 

[jeba 4,189]

Before taking any action I'd join the Mieterverein and ask for their advice.