COVID-19 and expatriation in Germany

As an American immigrant to Germany I can only say thank God I am here. Germany has the Corona situation pretty well under control for a western country. And as a self-employed person who is losing all of their income for the coming time there is possible assistance being made available. Unfortunately, until now it has been super bureaucratic but they are trying to stream line it. It will definitely be better than the crumbs being offered to people in the US. And of course it is a relief to have good health insurance here. I honestly don’t know many other countries that would be better to be in during such a situation.

I'm also self-employed, and was planning to move to Stuttgart in the Summer, but now; I feel I need to re-assess.  Any ideas???

Henryd7 wrote:

I'm also self-employed, and was planning to move to Stuttgart in the Summer, but now; I feel I need to re-assess.  Any ideas???

Wait! To even try in the next couple of months would be a mistake. Not sure that the normal process of getting permission will even be working and trying to start up as self-employed is difficult at the best of times, now would be senseless. And as a new arrival you would have no access to any public assistance.

I am self employed owning a jazz club/ restaurant in London; due the Coronavirus I had to close.
I am a resident here.

As a result I informed my landlord that from April I need to come to some arrangement in order to pay my rent ( accommodation in Berlin)  I always pay my rent on time and don’t  owe my landlord any rent. I have been living in this apartment for two years.

The landlord respondent by saying this is not a problem ;but I must put my  proposals in writing. Before I had the chance to put it in writing the landlord served me an eviction notice two days ;stating that his Son needs to more into the apartment.

I am aware they can do this under the germany law providing they can show that they have a capable
Pressing reason.

The reason cited is that her 31 year old son needs a positive environment to live in. The 
The apartment where he now resides in is  located in  Schlobstrabe : Stieglitz is unbearable due to drug abuse,
rubbish Depositions and noice impact because of parties. Buttressed by cigarette and drug fumes entering through the floorboards, apartment door and window.

To be honest with you this is complete rubbish: I checked out the apartment where lives it is in a wonderful neighbourhood. How can I proof they are not telling the truth?

We are a retired couple living in Boblingen for the time being, house sitting for a couple that is back in the States for the foreseeable future.  We are here on a 90 day pass on our US passports.  We would like to apply for a residence permit that would allow us to stay a year or two but just about all the requisite agencies are closed.  So we are in limbo right now.  We have until June 8 or we will have to return to the US and we DON’T want to do that.

National61: This is not a thread about German rental law, which is generally very tenant-friendly: Not paying rent and the landlord needing the place for himself or a family member are the only realistic reasons to terminate an (unwanted) tenant. Non-payment of rent has just been invalidated by temporary legislation that says overdue rent is not a valid termination reason if it was caused by the virus situation. Thus your landlord chose the other method.
It is difficult to fight such cases. You should engage a good lawyer!
Or, since the rental market is expected to relax substantially in terms of availability and price, just move on at the end of the notice period (which is a minimum of three months, but usually negotiable if the landlord avoids a court case that way).
Good luck!

Geekboy12: What you need is the foreigner office ("Ausländeramt"). They are not closed, just stopped entertaining walk-in traffic. You should try to contact them by email or post.
What kind of visa do you want to apply for? I am not aware of any kind, other than work (if you found a job), that can be applied for when you are already in Germany. So they might just tell you to return home and apply at the German embassy there.
If you cannot return home in the current situation (e.g. no flights, or lockdown), they will probably extend your current visitor visa for a few weeks. But they are so slow and inefficient that you must apply for this very early - you have only eight weeks left, so better hurry!

beppi, thank you.  We were actually advised by the German Consulate in Houston to come over on our passport and apply while we are here.  Not beforehand.  Said the process might go smoother once we are in the country.  While technically a work or student visa is the norm many retired expats have gotten residence permits without having a job.  We will be speaking to an immigration lawyer hopefully soon.

This is interesting, as there is no visa type I know of for non-EU retirees - as far as I know, Germany does not welcome foreign retirees without other ties to the country (e.g. family or job).
So if you manage, please come back and post your findings here, for the benefit of other readers (and my completion of knowledge). Thanks!

P.S.: I know from own experience (although a number of years ago), that the Böblingen Ausländeramt is especially difficult to deal with. The one in Stuttgart is better (although still far from being easy).
So if Böblingen does not work out, you may want to move to Stuttgart instead (they only deal with people registered in their town).

Will do!

Strange that a consulate would give such advice, doesn’t fit to anything I have heard of. And like Beppi mentioned, Germany is not really a place many go to retire. Many more Germans look for cheap, warm places to retire to than foreigners come here. Most retirees don’t think to start learning a language like Germany and there is the subject of health insurance. Everyone has to get it but at retirement age one cannot get into a public option any more. One would have to be privately insured, which at retirement age costs a fortune. But of course the normal expectation of one getting a job no longer fits if one is retired. In the end, what probably matters most is one’s financial situation. If one has the money and/or a really good retirement income then it is probably possible. I guess the bar would not be so high if you are just planning to stay a year or two and not permanently. But like Beppi mentioned. Because of the Covid-19 situation, travel is limited if not impossible. I don't think anyone will get any stress for overstaying a visa when it was the result of such a situation. German officials are strict about rules but also try to makes things work and accommodate one and find reasonable solutions during extraordinary circumstances.

Thanks for your reply; however it appears that you never understand the question:
It goes without saying that I will need a good  solicitor. The last thing I need is a bad
One
. The fact that a landlord wants you to leaves his property it does not mean
That the tenant should roll over, ( thank god for the civil rights movement)

I am trying to reach out to anyone who has or know any strategies  that can be used
against a landlord in germany who  is taking the advantage of the rule that they can serve a eviction based on  that they want a family member to move in. I am aware
That it depends on the reason of the family member. I am also aware  that  the reason has to be compelling and the termination  should not cause undue hardship to the tennant.

In this instance the landlord is citing that her son is Living in a Accommodation
That is in a bad area and is full of rubbish and smells of drugs which is also coming through their windows , floorboards and doors.

You said it all well.

Wishing you good health

National61: Civil rights movement or not, it is legally allowed to terminate (not evict!) you if a family member needs or wants the place. In a court case (if both sides cannot come to an agreement), you would have to prove against legal doubt that this wish is unreasonable. This will be hard to impossible! Meanwhile, the proceedings will take much longer than your termination notice, meaning you still have to move but may, if you win, get the moving costs and potentially higher rent reimbursed. Is that worth it? I think talking and finding a mutually agreeable solution is better!
Maybe as a first step you could get a consultation by a knowledgeable lawyer, which costs only approx. €230 (or is free if you are member of a tenants' asociation).

National61, I have to agree with Beppi that the landlord usually really has the advantage. The burden of proof that someone in the owner’s family doesn’t really need the place is on you. Even if the person who should move in is not in a terrible neighborhood there can be countless other reasons that might compel them to want, or need, to move. One can live in a nice building in a nice neighborhood and still have very troublesome neighbors; ones that use drugs or are constantly loud or impossible to deal with. And I don’t think the concept that the tenant will have undue hardship will be seriously considered unless absolutely exceptional. One ALWAYS has a hardship when losing their accommodation.

I know that in our apartment building there is a very bad guy who bought a second apartment here and claimed it would be for his son and then it sat empty for 10 years while the guy slowly renovated it. He later rented it out and neither him nor his son ever lived there. Yet he won in court to get the people out. Such things are rarely ever followed up to see if the person indicated really moves in.

Something one should know is that the court system is very slow in Germany. I’m not sure if that is to your advantage or not. I don’t know if the landlord would have to bring a case to force you out which could win you a couple of years; or is there a quick way to get one out and then one would need years to sue for damages because it was supposedly unfair. But either way, one has to think of the lawyers’ fees and assume a minimum of a few thousand euros of courts costs.