Numerous nonsense and misinformation are routed around logging into a permanent residence.
How do you know in a tangle of advice on various internet discussions and what is actually true?
First, let's look at why some tenants really require permanent residence:
- the tenant wants to be registered where he actually lives
- more convenient communication with post and offices
- suffrage
- in the case of residential parking possibility to get a parking card
- some doctors require a permanent residence at registration
- kindergartens and schools require the permanent residence of pupils in a given location
- permanent residence requires stranger police for people from abroad due to records and green cards
- housing allowances and social benefits
Did the last sentence scare you? It is necessary to think seriously. Every one of us can easily lose his job and thus becomes incapable of paying rent and services to the landlord. The situation seems hopeless. If the tenant is resident, he / she is able to claim a housing allowance so that he can continue to pay the rent, not to remain owed to you and not to miss a roof overhead. This post can help him overcome a difficult time before finding another job. Does that make sense to you? As far as social benefits are concerned, the tenant can be a family with a child. One of the partners leaves, and the other, which is usually a mother, gets into the narrow, as the rent will only fit into it. How come out of it? In the case of permanent residence, she can apply not only for a housing allowance but also for social benefits due to the departure of a partner, and this may be a time-consuming period. Does this also make sense to you? But as I advised, think about it. I do not support people who have not come to work in our lives and just abuse our system.
So, if you let as landlord as permanent residents to the tenant, it does not really make you a problem for you. The tenant has no legal claim on your property, so it is not dangerous for you. The only thing that is very uncomfortable is the fact that the tenant finds himself in execution. The first steps of the bailiff, of course, lead you to the apartment. If you have a furnished apartment, the executor of course will be interested in the device. Therefore, it is absolutely essential that you have a proper handover protocol with the tenant, clearly indicating which furnishings belong to you and which you have given to the tenant. If you do not have such a listing, it will be very difficult to prove this. I strongly recommend to my owners to mention everything, even small things, in the handover protocol and, for example, to obtain photo documentation of the property. You will save yourself a number of problems.
Can the landlord ban my permanent residence?
This question will come to your attention when you read the last sentences, and you will say that you will state in the contract that you are forbidding permanent residence for the tenant to set up. Unfortunately, this will not help you, because by law, this paragraph or clause in the contract is invalid. A tenant can establish a permanent residence even without your knowing on the basis of a valid lease agreement. Just go to the appropriate Magistrate, show a contract, permanent residence is finish in a few minutes and no one needs your permission. Scary? How to prevent it? This can not be prevented, of course. Ideally, at the beginning of the rental relationship, it is necessary to ascertain whether the tenant needs a permanent residence and for what reason. I also recommend owners to visit the Central Register of Executions, where you can find out on the basis of the tenant's birth number according to the statement whether it has any execution and you will definitely save a lot of problems.
The tenant has reported a permanent residence despite my ban and I will cancel it
Unfortunately it's not that easy. It is not unreasonable to cancel the tenant's permanent residence. To cancel your permanent residence, you will need a document proving that the lease relationship has expired (expiry of the lease term in a fixed term, lease termination or notice on a certain date). With this document, you can personally go to the Department of Administrative Affairs.
The tenant disappeared without telling me, what to do?
If something like that happens (sometimes it really happens), then there is nothing easier than writing termination of rent and send it to tenant by the post. Of course, the termination will not be picked up and you will get it back. Take it as evidence that the tenant is no longer using your flat and you have a valid termination of rent.
At the conclusion of this article, we come to the question: the permanent residence for the tenant yes or no? After reading this article, you've surely found that you can not forbid it, and you can not even ban it because it would be invalid. Perhaps I would change this question to "do I have to fear a permanent residence for the tenant yes or no?" As I have already advised, you will best do when you make a good deal forward. Some tenants will tell you that they do not need permanent residence. But if they wanted to, ask for the right reason and judge yourself if this claim was plausible. Another thing to do is to verify by birth number the possibility of execution, or to ask the former landlord for references to the tenant's payability and morale, it can also help you a lot. It's not about taking over, but choosing a client to eliminate the risks you need to get ahead.