Rental nomad
Rent nomads is a slang term for tenants of an apartment or house who do not intend to pay the corresponding rent from the outset and who later move on, often only after an eviction complaint or head over heels, without paying the rent.
Frequently, false or insufficient information is given to the landlord before moving in (e.g. concealment of income or concealment of insolvency) or alleged defects in the apartment. Since such people often do not feel responsible for the apartment and leave the apartment immediately, it also happens that run-down or rubbish apartments are left behind after moving out. In Germany, both rental fraud and the pretense of economically orderly circumstances ( fraudulent entry ) are punishable under the Criminal Code. In Switzerland this counts as financial loss for one's own enrichment according to Art. 146 StGB .
term
The term rental nomads is derived from the non-permanent sedentary lifestyle of nomadic migrant peoples. It has been used extensively in the media in recent years. According to estimates, the annual damage for landlords in Germany is € 200 million. A scientific study (tenant protection and willingness to invest in residential construction - rent losses by so-called tenant nomads) by the Real Estate Research Center at Bielefeld University (2010) rates the problem as lower. Around 50 cases of rental nomads per year were examined in the report. However, there is no overall report on the scope of the study due to the low level of voluntary data affected. According to the landlords concerned, the damage was less than € 5,000 in 45% of the cases and less than € 10,000 in 30% (correspondingly higher in 25% of the cases).
German tenancy law
In the course of the tenancy law reform passed by the German Federal Council on February 1, 2013, the position of landlords towards tenant nomads was strengthened. Since the Tenancy Law Amendment Act (MietRÄndG) came into force on May 1, 2013, they can take better action against tenant nomads.
According to German law, the landlord may terminate the contract without notice if the tenant has paid more than one month's rent ( Section 543 (2) no.3a BGB ) or a total of two months' rent ( Section 543 (2) no 3b BGB) is in arrears.
Because of the need to respect legal deadlines on the one hand and the slow processing of complaints due to the overloading of the district courts on the other hand, it may still take several months, was made up of an enforceable eviction warrant and a bailiffs with the enforcement can begin. In addition, up until now the landlord had to bear the costs of the procedure as well as the eviction and renovation himself if these could not be collected by the tenant.
Since the change in tenancy law in 2013, eviction matters have been given preferential treatment by the courts (Section 272 (4) ZPO). In addition, the rent debtor can be obliged by the court to deposit securities for the rents that continue to be incurred during the proceedings. If the security order is not followed, the lessor can expedite the evacuation. Since the introduction of the so-called Berlin eviction , the landlord can also have the apartment evacuated by a bailiff, as soon as he has an eviction permit, without having to remove the items that have remained in the apartment and bear the costs for storage (instead, the landlord has to Handover of the apartment by the bailiff to keep the items for one month, with the exception of items that the former tenant obviously does not want to get back). Furthermore, with the change in the law, the landlord receives a new claim in the interim injunction procedure, whereby he can quickly obtain an eviction title even against alleged subtenants unknown to him, so that evacuation can no longer be circumvented with the help of this trick.
By pretending to be economically orderly, the tenant commits so-called fraudulent entry, which is punishable under Section 263 of the German Criminal Code if the tenant intends not to fulfill his contractual obligations from the outset. In this context, the term rental fraud or rental fraud is also used.
According to a ruling by the Bonn Regional Court, the rental contract may contain a clause according to which the handover of the apartment is made dependent on the payment of the first installment of the deposit and the first monthly rent.
Insurance coverage
Insurance companies now offer so-called rental nomad insurance . Depending on the insurance, landlords receive compensation for rent losses and property damage caused by a tenant in whole or in part. Protection costs between € 100 and € 260 a year for each insured apartment. However, the court and lawyer costs associated with an eviction action are not covered by the nomad rental insurance.
literature
- Janis Leroy: Rent nomads. Ways of prevention and response . Nomos Verlag, Baden-Baden 2013, ISBN 978-3-8487-0192-6 .
- Ulrich Haselhoff: The protection of the lessor's property in rental nomad cases . Publishing house Dr. Kovac, Hamburg 2013, ISBN 978-3-8300-7483-0 .
Web links
- Die Zeit: The Enemy in the House , 2004
- The West: Landlords slide carelessly into the trap of renting nomads , 2010
Individual evidence
- ↑ https://www.duden.de/rechtschreibung/Mietnomade
- ^ SpiegelOnline from March 2009
- ↑ Landlords slip carelessly into the trap of renting nomads , Der Westen, December 2, 2010
- ↑ Landlord fright is overestimated , December 6, 2010
- ↑ Auer Witte Thiel inform about the law on amendments to tenancy law. (No longer available online.) Archived from the original on October 19, 2013 ; Retrieved February 8, 2013 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Resolved: Change in tenancy law comes into force on May 1st, 2013. Retrieved May 3, 2013 .
- ↑ Press release of the Federal Ministry of Justice of February 1, 2013: Tenancy law amendment law passes the Bundestag (there point III. Effective action against so-called tenant nomadism) ( Memento of the original from November 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved February 15, 2013
- ↑ You can now protect yourself from rental nomads. Retrieved August 8, 2016 .
- ↑ Rent nomad insurance in the check by Stiftung Warentest test.de from November 16, 2012
