Ask my Landlord to change temporary tenancy agreement

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When I moved to Germany from UK I got a temporary flat, fully furnished, all bills included for 620 euros per month. 30 sq meters. The temporay rental contract ended in December 2021. I asked my Landlord if I could stay on and he said it was ok and dropped my rent to 500 euros per month, but that he would not give me a monthly receipt for rent...I presume this is because of a tax implication for him. I pay him cash every month. Him and his wife are truly fantastic people.  My financial situation is dire, 700 euros pm UK state pension and I have 60k in the bank. I am 67 yrs old and my health is not too good.

My questions thus are as follows - Can I ask my Landlord to set up a permanent residence contract to enable me to claim Wohngeld further down the line? Is there a tax implication etc etc for him? I can afford the 500 pm at this stage ( the flat is fully furnished, internet, tv etc). Its a comfy little place.. I really am dumb with this type of thing as I've never ever found myself in this type of situation before.

When looking at Wohngeld, Grundsicherung im Alter etc I have seen that a tenancy contract is always asked for. I am petried that Homelessness is a real possibility for me in 5 years time.

Any advice as to how I can overcome this problem or how to approach my Landlord would be highly appreciated. I don't really want to divulge my personal financial situation with him, even though he ia a good guy.

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If he wants the money cash and won't even give you a receipt, I'm afraid he's evading taxes.

--> I don't see him giving you a rental contract. 

 

How did you manage to register your adress there?

Did he at least give you a Wohnungsgeberbescheinigung?

 

1 hour ago, Yellowsnow said:

30 sq meters. The temporay rental contract ended in December 2021. I asked my Landlord if I could stay on and he said it was ok and dropped my rent to 500 euros per month, 

If you need state support like Wohngeld, you will need to move to a place that does provide a rental contract.

For what you're paying now, you will find something else, look here:

To rent one of the cheaper flats, you will need you to prove that you have a Wohnberechtigungsschein (WBS), which goes by income alone (your savings are irrelevant).

Your pension is low, so you will get it (the income limit is 16,800€ per year, i.e. 1,400€ per month for a 1 person household like yours).

The WBS will be valid for 1 year, you apply for it here: https://www.dresden.de/de/rathaus/dienstleistungen/wohnberechtigungsschein_d115.php

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Thanks for your response @PandaMunich. You are always so helpful.The apartment was originally rented out via Wunderflats and part of the agreement was that I could use this address for my Anmeldung, which was done with no problem. I got a legal Mietvertrag and the 620 euros was taken from my bank account and he gave me a monthly receipt. The 'temporary accommodation' contract then ended in Dec 2021. I then approached him and said to him that I don't want top leave the place as it is comfy, fully furnished, internet, full kitchen, water, gas, electricity all inluded. He said that would be fine, he will lower the rent for me to euros 500 pm in cash but won't give me a receipt as it will cause tax problems with authorities. This tiny apartment is in an apartment block owned by him. All the other tenants are 'permanent'. My apartment was advertised as 'temporary accommodation'. He is a great guy and I'd like to ask him if he would give me a contract so I could be here as a permanent tenant. The other tenants in this block said to me that him and his wife like me as a person. The landlord and his wife have also said to me that they would like me to stay here forever! Would it be difficult for him to to give me a permanent contract with gas, elec, water, etc etc totalling 500 euros per month? Does he have to get special approval from the authoriies to do this? I don't want to cause any complications for the 2 of them.

Yes thanks for those links, funny thing is I read about WBS last night.

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1 hour ago, Yellowsnow said:

won't give me a receipt as it will cause tax problems with authorities.

Ok, in that case what may have happened is that he had earmarked this flat to be a short-term rental, i.e. for rentals of up 6 months.

This means the he has to pay 7% VAT on any rent he gets (see here), but in return, he got back the VAT from any improvements to the flat, e.g. if he put in a new bathroom, he would have gotten back the 19% VAT contained in that. Same with the furniture, since this furniture would have been used in an enterprise that generates VAT for the state, he in turn got back the 19% VAT contained in the price of that furniture.

 

If he now lets someone stay in this flat for more than 6 months, on the one hand, he would no longer owe that 7% VAT from the rent he gets for that flat (since it would then be a long-term rental which is exempted from VAT through §4 Nr. 12 a) UStG), but on the other hand, the state would claw back a part of that VAT he had gotten back, because of §15a UStG.

For things built into the flat, like a bathroom, the state can claw back the pro-rated VAT for 10 years.

 

However, there is a clause in §44 UStDV that says that he only has to pay back that part of the VAT if that invoice carried more than 1,000€ VAT, i.e. if the invoiced amount was over 6,264€.

This limit means that unless you have a very pricey built-in kitchen or a newish bathroom (renovated within the last 10 years), he will not have to repay VAT and therefore has no reason to not to give you a long-term rental contract.

 

So then we're back to him evading taxes, i.e. claiming that the flat stood empty in his tax return and pocketing the cash you're giving him.

 

1 hour ago, Yellowsnow said:

Would it be difficult for him to to give me a permanent contract with gas, elec, water, etc etc totalling 500 euros per month?

Unless he had made expensive improvements to the flat within the last 10 years, not really.

But with the way utility prices have been going these last few months, I understand why he would not give you a Pauschalmietvertrag, which is what you seem to want, i.e. one that includes all utilities, no matter how much you use.

 

Solution: ask him to give you a "normal" Mietvertrag, i.e. one with cold rent and a prepayment for your utility costs (Nebenkosten-Vorauszahlung). This means that at the end of the year, your landlord would do a reckoning and if utility prices have gone up (which they will), you will have to pay him the difference between what you had prepaid for them and your real utility cost.

 

See here for an article about how the Nebenkosten are expected to rise in 2022, for example, the gas price has trippled: https://www.tag24.de/dresden/dresden-wirtschaft/nebenkosten-schock-dresdner-sollen-sich-die-miete-selbst-erhoehen-2426600

 

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Aah @PandaMunich, you have been so very helpful over the past few months...my S1 NHS form, car insurance query and now this. Toytowners should feel blessed with you around, I sure am!

9 minutes ago, PandaMunich said:

Solution: ask him to give you a "normal" Mietvertrag, i.e. one with cold rent and a prepayment for your utility costs. This means that at the end of the year, your landlord would do a reckoning and if utility prices have gone up (which they will), you will have to pay him the difference between what you had prepaid for them and your real utility cost.

Here you have answered my query, thanks for this. So are you saying that he could draw up a Mietvertrag for say 300 euros pm and prepayment of say 200 pm to cover gas, elec, water, internet etc to total 500 pm and any utility usage above this 200 euros per month I would in? With this type of Vertrag would I then be entitled to Wohngeld in the future?

He is a good bloke and I'm sure that he'd do this for me...nice area of Dresden, decent people, nice neighbours.

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16 minutes ago, Yellowsnow said:

So are you saying that he could draw up a Mietvertrag for say 300 euros pm and prepayment of say 200 pm to cover gas, elec, water, internet etc to total 500 pm and any utility usage above this 200 euros per month I would in? With this type of Vertrag would I then be entitled to Wohngeld in the future?

Yes, since this way he wouldn't end up out of pocket because of the utility price increases.

 

16 minutes ago, Yellowsnow said:

With this type of Vertrag would I then be entitled to Wohngeld in the future?

Yes, if you have such a Mietvertrag, you can apply for Wohngeld here: https://www.dresden.de/de/leben/wohnen/wohnhilfen/wohngeld/antrag-wohngeld.php

Going by this calculator, you would get it: https://www.wohngeld.org/wohngeldrechner.html

6280faea7676f_2022-05-1515_06_02-Wohngel

 

Result:

6280fb00cea5f_2022-05-1515_06_31-Wohngel

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Not relevant here but landlords have been know to buy furniture, carpet or fixtures for their own homes and claim it on their taxes that it was for their rental properties. Or so I've been told.

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3 hours ago, fraufruit said:

Not relevant here but landlords have been know to buy furniture, carpet or fixtures for their own homes and claim it on their taxes that it was for their rental properties. Or so I've been told.


surely that’s just an urban legend :ph34r:

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