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PROPERTY

Is renting a flat ‘without Anmeldung’ illegal in Germany?

In today's tough housing environment, it's growing more and more common to see flats rented out without the right to register - or 'Anmelden'. The Local looks at whether this is legal under German tenancy law.

Published: 27 June 2024 15:34 CEST
Updated: 30 June 2024 08:10 CEST
Bürgeramt Reinickendorf in Berlin
The entrance to Bürgeramt Reinickendorf in Berlin. Photo: picture alliance/dpa | Jens Kalaene

In Germany, Anmeldung – or registration – is an essential part of the bureaucratic process, and often the first step you need to take after moving to the country.

Whether you’re opening a bank account, obtaining a residence permit, or even just getting a library card, the Meldebescheinigung, or certificate of registration, is an absolutely crucial document.

But increasingly, there seems to be a trend of rooms and flats being advertised online with the words ‘ohne Anmeldung’ – that is, without the ability to register. If you, like many renters in Germany, are seeing these words far too often, here’s what you need to know about your rights.

What does the law say about it?

According to Germany’s Bundesmeldegesetz, or Federal Registration Act, every resident in the country is required to register their primary address with their local Bürgeramt, or citizens’ office, within two weeks of moving in.

In order to do this, you’ll need what’s known as a Wohnungsgeberbestätigung, or confirmation of residence, which verifies that you’ve moved into the property either as a main tenant or subletter. 

READ ALSO: How to understand the German ‘Anmeldung’

Is my landlord required to allow me to register?

According to Wibke Werner, head of the Berlin Tenants’ Association, landlords are required to provide a certificate of registration to all of their tenants. 

“In order for tenants to fulfil their registration obligation and register their place of residence with the relevant registration authority, they require a so-called landlord’s certificate of residence,” Werner says.

“The landlord is therefore obliged to confirm that a tenant has moved in with the relevant registration authority.” 

The Federal Registration Act, which came into effect in November 2015, mandates that landlords furnish their tenants with the Wohnungsgeberbestätigung within two weeks of the move-in date.

Failure to comply can result in fines for the landlord, which can be as high as €1,000.

The confirmation must include:

  • The name and address of the landlord
  • The move-in date of the tenant
  • The address of the rented property
  • The names of all persons moving in

On the flip side, landlords also have the right to check who is currently registered at their property to make sure nobody is living there who shouldn’t be.

READ ALSO: What you need to know about the German rent brake 

What if I’m a subletter? 

Though this is an area that confuses many people, the rules are actually pretty simple: as a subletter, the main tenant or Hauptmieter(-in) becomes your landlord and should supply you with the certificate of residence instead. 

However, this can become tricky if the main tenant is subletting a room in the flat – or indeed the entire flat – without the landlord’s authorisation. 

A new tenant signs their rental agreement.

A new tenant signs their rental agreement. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

“If tenants sublet the flat, they need the landlord’s authorisation,” Anja Franz of the Munich Tenant’s Association told The Local.

“If the tenant sublets without this authorisation and the landlord becomes aware of this, he can give the main tenant notice to quit after issuing a warning. I assume that the tenants are afraid that their landlord will find out that they are subletting the flat.”

READ ALSO: How to sublet your apartment in Germany

According to Franz, it doesn’t matter if the tenancy is a long-term sublet or for a restricted period: you are obliged to register in both cases, and you are also entitled to receive confirmation of that tenancy. 

Tenants’ information portal ProMietrecht have a handy template for a confirmation of residence certifcate on their website that you can offer to the main tenant. 

What can I do if the main tenant or landlord refuses to let me register?

If you’re in the tough situation of dealing with an incooperative landlord or main tenant, it’s important to first know that German tenancy law is on your side.

Though it can be intimating to approach the person renting a property to you, there are some steps you can take to try and secure your Meldebescheinung:

  • Communicate openly: Before taking any other steps, try having an open conversation with the landlord or main tenant. Let them know that they are obliged to support you in registering your tenancy and that they could face a fine or other ramifications if they refuse to help. Remind them that having the Anmeldung is crucial to your life here in Germany.
  • Offer assistance: It can move things along faster if you supply any relevant documents the landlord may need, such as a template of the certificate of residence. If the main tenant is subletting without the knowledge of the landlord, you could also make them aware that having a subletter is also generally permissable in Germany – provided they have a good reason to do so. That may convince them to take the right step and request permission from their landlord. 
  • Get legal advice: Germany has an excellent system in place to support tenants’ rights, meaning you don’t have to find a lawyer immediately. Instead, becoming a member of a tenants’ association and seeking their advice can give you a good overview of both your rights and any steps you can take to secure proof of residence. 
  • Approach local authorities: Another option is to be transparent with your local Bürgeramt and inform them of your situation. While they won’t be able to help with enforcing the law directly, they may be able to advise you on what steps to take in the meantime. 

Have you struggled to find an apartment with the right to register? Should there be tougher rules to clamp down on landlords who don’t let tenants register? We’d love to know your thoughts. 

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RENTING

What can get you evicted as a tenant in Germany?

Germany is known for its strong tenants' rights, helping protect renters from rip-off rents and unfair evictions. But what are the reasons tenants can legally be evicted from their homes?

Published: 2 July 2024 16:42 CEST
What can get you evicted as a tenant in Germany?

As a nation of renters, many Germans are well clued-up on their rights. Traditionally, families can stay in the same rental property for many years and in some cases even pass old tenancies onto the next generation, enjoying a secure living situation without the huge expense of buying. 

But for foreigners in the country, things aren’t always so easy. Faced with a long rental contract in German language and riddled with bureaucratic terms, you may not entirely understand what you’re signing up for.

To make matters worse, if you don’t know your rights, you may not know if your landlord is acting in accordance with the law.

Recently, there have been a spate of reports on social media of people being harassed by their landlords to leave their properties.

In one case, a member of a Facebook group for foreigners in Berlin reported that they had been told to move out so their landlord could charge more rent for a new tenant, and was threatening legal action.

Unfortunately, situations like this appear to be all too common in Germany – especially in big cities with tense, competitive housing markets.

READ ALSO: Is renting a flat ‘without Anmeldung’ illegal in Germany?

The good news for tenants is that it can be difficult for a landlord to evict renters from a property. Legally, they can only do so under very specific circumstances.

When can my landlord evict me from the property?

Generally speaking, evictions can happen under four specific circumstances in Germany: breach of the contract, end of the tenancy, for business reasons or due to the landlord’s need to use the property themselves. 

It’s worth remembering that these aren’t black and white, and the landlord still faces a high burden of proof when trying to evict the tenant. 

End of tenancy

If your tenancy agreement stipulates a start an end date – if it’s a fixed-term contract – you are legally required to move out by the stated end date. 

However, this isn’t always clear cut, and some legal experts say that if you continue to live in the property and pay rent after the end date, a new term of tenancy may be implied. This certainly isn’t something to count on, though, and if you’re unsure you should seek legal advice.

Breaching the tenancy agreement

The main legal mechanism landlords have for trying to evict their tenants is a breach of the tenancy agreement, which can be anything from refusing to pay rent to subletting without the owner’s consent.

Your obligations as a tenant – for example, the amount of rent, treatment of the property and respect for your neighbours – will all be set out in the tenancy agreement. This should be the first document you consult if you want to avoid any disagreements with the letting agent or landlord. 

READ ALSO: How to sublet your apartment in Germany

In most cases, though, the most common breaches of tenancy rules are as follows:

  • Late or missed rent payments
  • Unauthorised sublets 
  • Carrying out renovations without permission 
  • Living with a pet without permission
  • Over-occupation of the flat 
  • Repeated breaches of house rules (i.e. quiet periods)

In each of the above cases, the landlord has to inform the tenant of the issue within a matter of weeks if they want to take action. Writing to the tenant with an eviction notice due to a party they had six months ago would not be admissible under German law. 

In the case of missed rent payments, tenancies can be terminated without notice after two consecutive months of unpaid rent. 

Subletting in Germany

A new tenant signs a rental contract in Germany. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

Economic considerations

While a landlord simply saying, “I want to hike the rent” wouldn’t usually be enough to evict a tenant, there are some situations in which economic considerations play a role.

Specifically, the law states that if the landlord is suffering “considerable disadvantages” from not being able to use the property in another way, this could be a legitimate ground for terminating a contract. 

Landlords’ personal use

If the landlord needs to use the property for themselves or one of their close relatives, such as a partner, siblings, children or parents, they can apply for what’s known as an Eigensbedarfkündigung: a termination due to personal use. 

It’s important to note here that there are quite strict rules around this concerning the definition of close relatives, the reasons for needing the property and the type of intended use.

For example, a landlord wouldn’t be able to stay that they need the property for storage purposes: they should intend to live in the property themselves, or have a member of their close family live in it, for the termination to be valid.

The reason for the sudden change of use should also be a compelling one, and not simply, “Because I want to.”

Some examples include:

  • To significantly improve their living standards 
  • Starting or extending the family, i.e. by moving in with a partner
  • Moving much closer to work 
  • Improving accessibility in the case of illness 
  • Using the flat as a retirement home 

Once again, the burden of proof is on the landlord here, and every situation in unique. 

How much notice does my landlord have to give?

This is a complicated question to answer as there are several different factors that all play a role. 

One factor is the amount of time a tenant has spent in the property, particularly if the landlord needs the property for their own use. In most cases, three months will be an ordinary termination period, but this has to be extended to six months if the tenant has lived in a property for 5-8 years, and up to nine months if they’ve been there for longer.

A tenant paints a property

A tenant paints a rental property in Germany. Photo: picture alliance/dpa/dpa-tmn | Markus Scholz

As a general rule of thumb, three months is a minimum requirement, though some landlords set out shorter notice periods in the rental contract. 

If you’re subject to what’s known as a fristlose Kündigung – or termination without notice – your landlord has to stipulate the length of time you have to leave the property in the letter of termination. In these urgent cases, two weeks tends to be the bare minimum. 

READ ALSO: Six confusing things about renting a flat in Germany

What should I do if I’m being threatened with eviction?

Though suddenly receiving a notice of eviction in your letterbox is about as scary as it gets, it’s important to stay calm and consider your options.

Firstly, you may want to consider if the landlord has a valid reason for trying to evict you. Even if something seems legitimate, legal experts and advisors at your local tenants’ association will be able to check more thoroughly.

If you’re aware that you are in the wrong – for example due to damaging the flat or missing a rental payment – it may be worth getting in touch with your landlord and offering to rectify this as soon as possible. Proving yourself to be a responsible tenant may encourage them to think again about tossing you out onto the streets.

In any case, the important thing is to act quickly to try and resolve the issue to avoid any further escalations. 

That said, it’s important to know that the landlord has no automatic right to force an eviction, and would need to obtain a court order before doing so. 

READ ALSO: Your best hacks for finding a rental home in Germany

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