When looking for a new rental apartment, tenants have to disclose many private details. There are even cases where the previous landlord is asked about the behavior of the tenant.
Rent fraud: when the rent is transferred irregularly or not at all
For landlords, a problematic and damaging situation arises when the monthly rent is paid irregularly or never again, the tenant cannot be found or spoken to. This type of tenant is called a rent nomad and these "tenants" are known to every landlord – even if they have never had any experience with them themselves. Mietnomaden are characterized by unreliable or missing rent payments, dirty the dwelling, let this come down and leave these gladly over night flight-like in an accordingly grim condition. In such a case landlords* often do not know what to do. What can they do against Mietnomaden, so that they are not affected and subsequently even a professional clearing out in Essen at a fixed price must take place.
There are tips and tricks that landlords can use to protect themselves in advance against rental nomads and how it is possible to legally claim the rent if rental fraudsters are already living in the apartment.
Rent nomads bring financial ruin
In Germany, the annual damage caused by nomadic tenants amounts to an estimated 200 million euros. A rent nomad can quickly plunge a landlord into financial ruin. The costs for lawyer and court with eviction action, foreclosure and renovation can quickly reach 25.000 Euro and more. Especially for private landlords, the rent nomads represent an enormous risk, because the damages not infrequently add up to five-digit amounts and are quickly a threat to existence.
The dream apartment is finally found..
…but apartment hunters face many hurdles
Most landlords ask prospective tenants for a payslip, proof of creditworthiness and a copy of their passport – especially if the tenant is not a private individual but an estate agent. Even so-called motivation letters are no longer a rarity, in which the prospective tenant may explain more or less flowery why he / she is the ideal tenant.
In the meantime, a so-called landlord's certificate or a landlady's certificate is also required. Previous landlord certificate required.
The tenant self-disclosure – the first security seal
Every apartment or. House prospective customer can I with the inspection trustworthy and responsibly show up. But as is well known, a landlord or. a real estate agent the prospective customers also only before the head look. The tenant self-disclosure provides here as a security. In such a "tenant self-disclosure" all information about the prospective tenant is summarized.
Through this self-disclosure, it is possible to check whether the interested party has a Schufa entry or whether even an insolvency procedure is pending. Even identity card and salary statement are essential documents, which the landlord should be sure to present.
In addition, landlords should obtain information about the prospective tenant, whether it has already been submitted in the past or such an affidavit exists. If this is the case, then the interested party has been able to settle certain invoices in the past.
Worth knowing: If it turns out afterwards that the tenant has provided false information in the tenant self-disclosure, the landlord may terminate the tenancy without notice.
The information of the previous tenant
In order for the landlord to get a concrete idea of the prospective tenant's rental history, it helps to have a reference or a rental debt-free certificate to be issued by the previous landlord. It is also possible to determine a tenant self-disclosure the name and address of the landlord to then contact him personally. However, it is up to the investor whether information is provided or not.
Back-up: Rental deposit
Landlords should require a deposit from the new tenant directly for each new tenancy. Either the money is handed over to the landlord in cash or. transferred or handed over in the form of a bank guarantee.
Worth knowing: The landlord is only allowed to invest the deposit separately from his private assets!
How the rent is collected from rent cheats?
If, with all the safety precautions, a rental nomad has crept in, the following are legally correct measures to take against him:
Arrears of one month's rent: send a warning letter to the tenant with a 10-day payment deadline. Provided that the warning is ignored, an ordinary notice of termination can take place. Termination without notice can be pronounced if there is an arrears of two months rent. As a rule, eviction must take place within 14 days.
If the notice is ignored, the only remedy is an eviction action. The duration of this action usually stretches over four to five months – but this depends on the court and the behavior of the tenant.
Undetectable or private insolvency
If the case has arrived and the rent nomad is in the apartment, it is necessary to issue the termination without notice as soon as possible. If the notice is delivered by messenger, then the landlord is on the safe side, although it is important that the receipt is acknowledged, by the tenant. But the case will eventually end up in court, which means that the landlord will have to file an eviction suit. This means that the tenant will remain in the apartment for a few more months and even if the landlord wins, he will still suffer a loss. Because often the tenants are not to be found no more or announced private insolvency – not rarely the Mietnomaden leave a zugemullte and desolate dwelling. Then the landlord even has to pay for the eviction squad.