Living in a big city is not cheap. Especially, when it comes to, to find an affordable apartment, have many Munich face a problem. A good solution for this may be the Urbanization, because living together with other people is better on many levels, as if you would live alone: Not only the rent and operating costs can be divided among themselves, but also regular expenses for everyday items such as toilet paper or dishwashing liquid. And since the establishment of kitchen, Bath and possibly. even the living room is shared, can you split the cost among the WG-residents.
The Urbanization is defined as coexistence of several people in an apartment, are independently of each other usually not related to each other and. Pulling her with your marriage- or partner into a common apartment, This does not count as WG.
Due to the independence of the individual flat-dwellers there are different ways, as the lease for their apartment can be closed. We ask you here in front of the different types of leases and tell you, what has to be considered.
- 1 A lease for roommate
- 2 Each roommate gets his own contract
- 3 The roommate as subtenant
- 3.1 First: Only the main tenant has a contractual relationship with the landlord.
- 3.2 Secondly: Although the landlord can not interfere in the conditions of the sublease, but it must be asked for permission.
- 3.3 thirdly: The roommates are not equal, because from a purely law the main tenant is deemed to be the owner for his subtenant.
- 3.4 Related Posts
A lease for roommate
The first variant is to conclude a single lease, where all flat-dwellers are registered as anchor tenant. For the landlord, this model offers little bureaucracy and you have as a tenant the advantage, that each WG member has equal rights. No one can cancel his roommate.
However, inconvenience may arise here: First, such a lease may be terminated jointly by all the main tenants. undress want one of the flat-dwellers, the other does not, this can lead to difficulties.
Secondly, you should keep in mind, that you enter into a joint and several liability as a residential community with a single lease. Should it happen, that one of your roommate does not pay his rent on time to the landlord, has this right, demand the debt remaining anchor tenants - including with you. It is therefore recommended, only then embark on this model, if you trust your roommates, not to fall into arrears in the future.
Each roommate gets his own contract
Another possibility is, that every member of your WG concludes a separate contract with the landlord. In this case, you should be careful, that the lease the common right to use Bad, Kitchen and living room (if available) includes. The advantage of this variant is, that you can terminate this alone as the only tenant in the contract. so it must ask any of the WG members for permission, if there is a- or want to take off. In addition, no one can be held liable for the rent arrears of a roommate.
But this variant can also have a downside: The landlord determined solely, with whom he enters into the lease agreements. That means, under certain circumstances, that you do not can choose your own roommate and may have to live with someone, are not compatible with their.
The roommate as subtenant
The third way, as the lease for a WG can be closed, consists Sublease. In this variant, first a person includes a "normal" rental agreement with the owner. It is valid as the sole anchor tenant and then turn sublet one or more rooms to their roommate, by entering into a sub-lease with each of them. However, it must be noted some.
First: Only the main tenant has a contractual relationship with the landlord.
The sub-leases are solely between the main tenant and its subtenants. That has the advantage, that you can account for the lease as WG among you.
Secondly: Although the landlord can not interfere in the conditions of the sublease, but it must be asked for permission.
For if a major tenant sublet his apartment without the landlord's consent, can threaten him a dismissal. The good news here, that the landlord you can not forbid on a whim subletting. He needs already good reasons. This could for example be an overload of the apartment or the justified fear, that your roommate will disturb the peace.
thirdly: The roommates are not equal, because from a purely law the main tenant is deemed to be the owner for his subtenant.
That means, that the main tenant may terminate under certain conditions its subtenants. The extent to which here takes the legal protection of tenants, depends on the property: Applies your sublease for the entire apartment or unfurnished room, is for you protection against dismissal. That means, that's your main tenant may terminate you, if a legally permissible reason, with. B. own use, has and the statutory notice period of three months to comply. Does he have you, however, only an already furnished room sublet, the tenant protection does not apply. The main tenant may terminate within one month without giving any reasons you with it - unless of course, the contractual agreement provides otherwise.
What type of tenancy for you is most comfortable, you have to ultimately decide. In addition, of course, much depends on, on what kind of agreement, your landlord gets involved.