My mom recently received a letter from our housing company accusing her of subletting our apartment because they saw a different name on the doorbell and mailbox. Which would’ve been fair… if that name wasn’t mine 🙂 We moved in together, and the Hausmeister himself put both of our names there around two years ago. I guess this misunderstanding happened because we recently got a new Hausmeister. Of course, I don’t think we can actually get evicted over this (…hopefully?), but I found the whole situation really funny (and very German) and wanted to share it 😀 Hope everyone’s having a good day! ❤️
https://i.redd.it/v4jg9zundg1h1.jpeg
Posted by nie9_6
12 Comments
I don’t understand the situation. The title suggests you’re the mom, the text says you’re the daughter?
Anyway, if you’re the daughter and your mom is renting your apartment without actually living there, then you’re legally subletting the apartment. Which is only allowed if the landlord agrees.
Did you inform your landlord of your move-in back then? You are required to do so. If yes the current situation is a non-issue, if no it could result in some back and forth with the landlord, including an increase in utilities.
> I don’t think we can actually get evicted over this
Yes, you can.
Is there any written proof that you were given permission to live there?
it is strange how formal the communication is in Germany
in Poland you sign a contract and then everything is done via sms or mail if you need to submit gauges readings
Basically, your mom simply needs to respond saying it’s her daughter who has been living in the apartment since move-in. That should be the end of it. Like don’t add detail, simply write a two liner:
“Sehr geehrte Hausverwaltung XXX,
Die Namen am Klingelschild wurden beim Einzug vom alten Hausmeister **AAA** im Abstimmung mit dem Vermieter am Briefkasten angebracht. Die Namen gehören zu mir, **Mom Mommerson**, und meiner Tochter, **Daughter Daughterson**, die seit Beginn des Mietverhältnisses hier wohnt. Eine Überlassung an Dritte findet nicht statt.
Mit freundlichen Grüßen
Mom Mommerson”
Since people are confused about my wording:
I’m the daughter and my mom got this letter. We have lived here for 2 years non-stop and I am registered and allowed to live here:)
According to decision of 04.09.2012 – 4 S 96/12 Landgericht Potsdam moving in your (even adult) children is falling under paragraph 6 Grundgesetz, protection of the family. So it does not constitute subletting in any case.
Solo te an llamado la atención y te están pidiendo que aclares la situación, el por qué pone un nombre que no consta como la persona que tiene el contrato principal de alquiler. Nada más así que no alarmes nada en Alemania existen determinadas leyes de inquilinos etc etc
Hey, no need to fear an eviction 🙂
553 BGB applies to your case, which means the landlord must permit your stay (even indefinitely).
There are exceptions, but they are very narrow and based on what you wrote, are far from applying to this case.
Should the landlord get the bright idea to raise your rent over this, you can probably challenge that aswell
They were not yet accusing you of subletting, but that you changed the name although only they are allowed to do so. From your comments I got, that that is wrong. They had put the name there, but were sloppy with their records. Let me guess, it’s one of the big companies that changed ownership recently? They then informed in the letter, that they are suspicious of subletting because of their wrongful accusation to you of changing the name.
Look into the contract, usually it states how many ppl move in, sometimes even exactly who (like, daughter, 17 yrs or sth.)
Send them a scan of the contract and you’re fine.
I hope you didn’t wait until now to actually answer, right?
So, how did it turn out?