Immovest Immobilien GmbH

Real Estate Agency in Chiemsee


Apartment renting to asylum seekers possible

Apartment renting to asylum seekers possible

The District Court Laufen decided that apartment owners may rent their apartment to asylum seekers – regardless of whether it was decided by majority in a owners´assembly to ban an apartment cession to asylum seekers (judgment of 4 February 2016, 2 C 565/15 WEG in: Immobilienwirtschaft 05/2016, page 46). The cession of (residential) property to asylum seekers is a permissible residential use. Furthermore, the use of the room use is not a greater burden and / or disturbance to the joint ownership than renting it to other groups of people. The court also decided that no overcrowding is existent if eight adults live in a 92 m² apartment.

Cost participation with new balcony installations

The District Court of Cologne decided in 2015 as judgment that in case of demolition and reinstallation of balconies in a community of owners, also property owners that do not have a balcony must participate in the costs – insofar as the declaration of divisional does not contain a regulation to this (judgment of 8 May 2015, 215 C 133 / 14 in: Immobilienwirtschaft 05/2016, page 46). The reason for this is that the constructive elements of the balcony are necessarily a part of the joint owenership. Source: https://www.sueddeutsche.de/geld/recht-so-fluechtlinge-ins-haus-1.3056719