Help me live in an altbau
March 9, 2016 7:11 PM   Subscribe

What is this German tenancy application asking? "Der Bewerber versichert, dass die Wohnungseinrichtung voll bezahlt und frei verfügbar ist/folgenden Eigen-tumsbeschränkungen unterliegt, Pfändungen, Eigentumsvorbehalt durch: "

Google translate says something about furnishings and retention and seizure. So far this application has had very obvious answers. I intend to pay the rent fully: Ja. I have outstanding debts from past tenancies: Nein. I get the feeling there is an easy right answer to this so they can tick a box. Can someone tell me what it is?
posted by PercussivePaul to Grab Bag (13 answers total) 1 user marked this as a favorite
 
Just working off of Google translate, too, but perhaps it is whether or not you own yourfurnishings or if someone else holds title to them?
Do laws in Germany allow for confiscation of furniture to pay for unpaid rent, perhaps?
posted by SLC Mom at 7:43 PM on March 9, 2016


Also, its been more than half-an-hour on AskMe. Why don't you have six better answers than mine already?
posted by SLC Mom at 7:46 PM on March 9, 2016


Response by poster: Because it's 5am in Germany my friend! Only fools like me are up.
posted by PercussivePaul at 7:53 PM on March 9, 2016 [1 favorite]


When I lived in Germany, I was a subletter, so I didn't have to deal with such matters. But based on what you quoted, and my chats with friends back then, it seems as if you're being asked to attest that you own the furnishings (mostly appliances) without anyone else having a claim on them. Given that in Berlin in the 1990s, it was common for new renters to buy the furnishings from the previous renters, that makes sense. A completely unfurnished apartment in Germany doesn't have appliances, light fixtures, etc., so if those are there, the landlord wants to know that you have worked things out with the previous renters and that anything they left behind is yours.
posted by brianogilvie at 8:06 PM on March 9, 2016


Response by poster: Oh I think I get it. You have two choices: either you own the furnishings, or there are restrictions which you must list. There is no previous tenant in this case, I'm renting directly from the agency, so maybe this one does not apply.
posted by PercussivePaul at 8:18 PM on March 9, 2016


Yes, that's how I understand it (lived in Germany for some years, speak fluent German, but haven't had to fill out exactly this sort of form). I think you should cross out everything after the slash.
posted by lollusc at 8:47 PM on March 9, 2016


FYI- its common practice that you have to buy your own kitchen, people often purchase the previous renter's kitchen.
posted by catspajammies at 11:22 PM on March 9, 2016 [1 favorite]


I'm German, but have never rented in Germany. It seems to me like they want you to sign that you own all your furniture so that they can use it as liability in case of a foreclosure/your not paying rent. That means not furniture bought on credit etc.
Now I'm really astonished that this is a thing.
posted by LoonyLovegood at 11:41 PM on March 9, 2016


You assure that the furniture is owned by you and not bought on credit or owned by someone else. (or if not your property then you might have to specify this exactly).

Why?

In Germany the landlord can confiscate the furniture when you move out if you are behind with the rent. Normally the deposit is used to take care of this.

Looks slightly fishy but I googled it and quite a few commercial landlords have this clause.
I would not worry too much.
posted by yoyo_nyc at 12:48 AM on March 10, 2016


"Der Bewerber versichert, dass die Wohnungseinrichtung voll bezahlt und frei verfügbar ist/folgenden Eigen-tumsbeschränkungen unterliegt, Pfändungen, Eigentumsvorbehalt durch: "

Native German speaker here. Basically, the sentence contains two choices and as lollusc says, if you own all the furniture outright cross out the part behind the slash.

It says the applicant confirms that the furniture has been fully paid off and is freely available/ownership is under the following restrictions, subject to garnishment, or owned by a third party, if there is furniture in the appartment AND you own it strike out anything after the slash. If however, the landlord owns the furniture, or the previous tentant or the court has garnished it etc select what applies.

If it was me, I would also look if the Wohnungseinrichtung is defined anywhere on the contract or application, and what items exactly it includes.

As to why you are asked this, I suggest you ask them directly.
posted by 15L06 at 12:58 AM on March 10, 2016 [1 favorite]


Native German-speaker from Germany here. I can confirm 15L06's translation. However, I've never seen a statement like this asked of a tenant here in Germany before, and I've signed many a rental agreement. Is this a questionnaire for applicants that the landlord handed out before picking a new tenant?

If you plan on staying in Germany for some time and renting apartments, may I suggest you consider joining the Mieterschutzbund, the German Tenants' Protection Association. They help with all kinds of questions of this kind and will help you protect your rights in case there's a disagreement with your landlord.
posted by amf at 9:27 AM on March 10, 2016 [2 favorites]


Response by poster: Special bonus question!!

My application was accepted and I was offered a contract, but so was someone else, and I am evidently second in line - I will find out on Monday.

In a rather unseemly twist it was communicated to me via the agent that the owner wishes the new tenant to pay the entire rent for March. i.e. even though it is almost mid-March I will be back-paying for the previous few weeks. The agent agreed this was "unfortunate" but it's also not negotiable. I'm kind of shocked I'm even being asked to do this as there is no way this is legal (right?); the agency seems otherwise reputable as far as I can tell.

It's probably moot because there is someone ahead of me, but in case they withdraw: this is a really amazing unusual apartment and I really want it. What do I do, if offered the place but told to pay for time when it was not in my possession? How do I assert my rights without perhaps being passed over for someone else? I am willing to eat the cost if that means I get the place. Berlin is stupidly competitive.
posted by PercussivePaul at 7:10 AM on March 11, 2016


I'm not sure this is illegal. It may be legal if both parties sign it, which would mean that the owner can pick another tenant if you're not willing to sign/pay. This is something that you should get legal counseling for, either at the Mieterschutzbund or maybe the Verbraucherzentrale Berlin. You might get lucky at the Verbraucherzentrale - I once had a legal question for them and didn't have to pay for advice since it was a simple question and my first time needing advice. But even if you have to pay something the fee should be reasonable and hopefully cheaper than paying several weeks worth of rent. Good luck!
posted by amf at 7:21 AM on March 13, 2016


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