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PROPERTY

Is renting a flat ‘without Anmeldung’ illegal in Germany?

In today's tough housing environment, it's growing more and more common to see flats rented out without the right to register - or 'Anmelden'. The Local looks at whether this is legal under German tenancy law.

Published: 27 June 2024 15:34 CEST
Updated: 30 June 2024 08:10 CEST
Bürgeramt Reinickendorf in Berlin
The entrance to Bürgeramt Reinickendorf in Berlin. Photo: picture alliance/dpa | Jens Kalaene

In Germany, Anmeldung – or registration – is an essential part of the bureaucratic process, and often the first step you need to take after moving to the country.

Whether you’re opening a bank account, obtaining a residence permit, or even just getting a library card, the Meldebescheinigung, or certificate of registration, is an absolutely crucial document.

But increasingly, there seems to be a trend of rooms and flats being advertised online with the words ‘ohne Anmeldung’ – that is, without the ability to register. If you, like many renters in Germany, are seeing these words far too often, here’s what you need to know about your rights.

What does the law say about it?

According to Germany’s Bundesmeldegesetz, or Federal Registration Act, every resident in the country is required to register their primary address with their local Bürgeramt, or citizens’ office, within two weeks of moving in.

In order to do this, you’ll need what’s known as a Wohnungsgeberbestätigung, or confirmation of residence, which verifies that you’ve moved into the property either as a main tenant or subletter. 

READ ALSO: How to understand the German ‘Anmeldung’

Is my landlord required to allow me to register?

According to Wibke Werner, head of the Berlin Tenants’ Association, landlords are required to provide a certificate of registration to all of their tenants. 

“In order for tenants to fulfil their registration obligation and register their place of residence with the relevant registration authority, they require a so-called landlord’s certificate of residence,” Werner says.

“The landlord is therefore obliged to confirm that a tenant has moved in with the relevant registration authority.” 

The Federal Registration Act, which came into effect in November 2015, mandates that landlords furnish their tenants with the Wohnungsgeberbestätigung within two weeks of the move-in date.

Failure to comply can result in fines for the landlord, which can be as high as €1,000.

The confirmation must include:

  • The name and address of the landlord
  • The move-in date of the tenant
  • The address of the rented property
  • The names of all persons moving in

On the flip side, landlords also have the right to check who is currently registered at their property to make sure nobody is living there who shouldn’t be.

READ ALSO: What you need to know about the German rent brake 

What if I’m a subletter? 

Though this is an area that confuses many people, the rules are actually pretty simple: as a subletter, the main tenant or Hauptmieter(-in) becomes your landlord and should supply you with the certificate of residence instead. 

However, this can become tricky if the main tenant is subletting a room in the flat – or indeed the entire flat – without the landlord’s authorisation. 

A new tenant signs their rental agreement.

A new tenant signs their rental agreement. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

“If tenants sublet the flat, they need the landlord’s authorisation,” Anja Franz of the Munich Tenant’s Association told The Local.

“If the tenant sublets without this authorisation and the landlord becomes aware of this, he can give the main tenant notice to quit after issuing a warning. I assume that the tenants are afraid that their landlord will find out that they are subletting the flat.”

READ ALSO: How to sublet your apartment in Germany

According to Franz, it doesn’t matter if the tenancy is a long-term sublet or for a restricted period: you are obliged to register in both cases, and you are also entitled to receive confirmation of that tenancy. 

Tenants’ information portal ProMietrecht have a handy template for a confirmation of residence certifcate on their website that you can offer to the main tenant. 

What can I do if the main tenant or landlord refuses to let me register?

If you’re in the tough situation of dealing with an incooperative landlord or main tenant, it’s important to first know that German tenancy law is on your side.

Though it can be intimating to approach the person renting a property to you, there are some steps you can take to try and secure your Meldebescheinung:

  • Communicate openly: Before taking any other steps, try having an open conversation with the landlord or main tenant. Let them know that they are obliged to support you in registering your tenancy and that they could face a fine or other ramifications if they refuse to help. Remind them that having the Anmeldung is crucial to your life here in Germany.
  • Offer assistance: It can move things along faster if you supply any relevant documents the landlord may need, such as a template of the certificate of residence. If the main tenant is subletting without the knowledge of the landlord, you could also make them aware that having a subletter is also generally permissable in Germany – provided they have a good reason to do so. That may convince them to take the right step and request permission from their landlord. 
  • Get legal advice: Germany has an excellent system in place to support tenants’ rights, meaning you don’t have to find a lawyer immediately. Instead, becoming a member of a tenants’ association and seeking their advice can give you a good overview of both your rights and any steps you can take to secure proof of residence. 
  • Approach local authorities: Another option is to be transparent with your local Bürgeramt and inform them of your situation. While they won’t be able to help with enforcing the law directly, they may be able to advise you on what steps to take in the meantime. 

Have you struggled to find an apartment with the right to register? Should there be tougher rules to clamp down on landlords who don’t let tenants register? We’d love to know your thoughts. 

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PROPERTY

Why it’s hard to find an apartment with air conditioning in Germany

When temperatures start to get up to 30C or more in Germany, a familiar debate begins. It often starts with a simple question, asked by a new arrival to the country: “Why don’t German homes have air conditioning?”

Published: 25 June 2024 16:58 CEST
Why it's hard to find an apartment with air conditioning in Germany

The tendency to avoid air conditioning (A/C) is not uniquely a German trend. Europeans tend to use A/C less than residents in the US, and some countries in Asia.

But as temperatures have crept slowly upwards due to climate change, and the number of hot days has increased, Europe has seen an increase in demand for air conditioning. Across the continent A/C use has more than doubled since 1990.

But A/C is used much more commonly in countries that see higher temperatures like Spain, Italy or France, whereas it is still uncommon in homes in Germany.

So why does Germany tend to lack air conditioning, and why aren’t more Germans interested in installing it?

It’s not a ‘hot’ country

Ask a German why air conditioning is so rare in the country, and you’ll probably hear some version of “Well Germany is not such a hot country.” Which may be true generally, but is a less than convincing explanation if you hear it on a sunny summer day when it’s 35C outside.

But it is worth keeping in mind that while Germany does have warm summers, often with at least a couple heat waves, super hot days are few compared to warmer countries, like those in southern Europe. 

Given Germany’s weather can really only be described as hot for a few weeks out of each year, and considering the costs of installing and running air conditioning, most Germans figure it’s not worth it.

attic with sliding window

A sliding attic window is designed to help tenants cool off, but it won’t help to open windows during the hottest part of the day. Photo: pa/obs LiDEKO | LiDEKO

This isn’t only reserved for homes, but extends to plenty of public spaces including office and government buildings, and to some public transportation as well. 

In fact, schools and workplaces do occasionally call it quits during hot weather spells in an event called hitzefrei.

READ ALSO: Ditching AC for ‘Hitzefrei’ – Taking on the German summer as a Californian

Air conditioning is energy intensive and expensive

The other side of the argument against air conditioning is that both installation and operating costs can be expensive. Air conditioning tends to be energy inefficient, so using it can significantly increase your utility bill.

From an environmental point of view, all the energy used for air conditioning, if Germany was to start installing A/C at scale, would add to the country’s energy demand and greenhouse gas emissions – both of which Germany is already struggling to cut down year after year as part of its climate goals.

It is an ironic feature of traditional air conditioning that it creates a negative feedback loop: More people rely on air conditioning to stay cool as weather warms, but weather continues warming in part due to emissions from air conditioning.

That said there are cases where access to air conditioning can save lives. In particular elderly people and those with health-risks are prone to heat sensitivity. So while it’s probably good that not every house in Germany has A/C, it’s important that hospitals and some other buildings in a given city do.

READ ALSO: How German cities are adapting to rising temperatures

‘Cold air makes you sick’

Along with the reasonable (if debatable) reasons for the lack of A/C in Germany, there are also cultural factors.

On the social media website Reddit, a user posted the question, “Will more places in Germany start using air conditioning?”

One of the top comments read, “Don’t you know cold air makes you sick….says Oma (the German word for grandma). 

While that comment comes off a bit tongue in cheek, it touches on a real and deeply-ingrained belief that persists among parts of the German population: That exposure to cold, or even maybe a cool breeze, is bad for your health. This includes a draft in your house, called a Durchzug in German.

For this reason, the German Red Cross felt compelled to debunk the Durchzug health myth in a hot weather warning they issued in 2019.

a heat pump is installed

An employee inspects a heat pump in front of a newly built residential building. Heat pumps are also effective for cooling. Photo: picture alliance/dpa | Bernd Weißbrod

What can you do about the heat?

Regardless of where you stand on the air conditioning debate, if you don’t have a personal A/C unit at home presently, the best way to endure the hottest days of summer may be to take a few tips from the locals.

During my first summer in Germany, I took to leaving the windows open throughout the day, thinking that the occasional warm breeze was the best relief I could hope for at home. But one day my landlord came by and asked me why I was suffering in the heat with the windows open.

He recommended that I instead leave the windows open at night or in the early morning to get some fresh cool air inside, and then keep all the windows closed through the heat of the day. I tried this strategy the next day, and immediately felt that he was right.

Compared to homes in the US, for instance, German homes tend to be very well insulated. This can be equally important in the summer as it means that the interior tends to stay cooler than the outside (as long as you keep it mostly sealed off).

On extremely hot days, you might even keep your shutters down to shade the windows and prevent the sun from shining through.

Of course the effectiveness of the strategy depends on having a home that’s well insulated, including double paned windows and well-sealed doors etc. If you feel that the inside of your house is getting as warm or warmer than the outside, then it’s probably time to open up the windows or go outside and sit in the shade.

Fans are also useful. Best is a ceiling fan designed to rotate counter-clockwise to push air downward, which can maximise wind chill within a home, but floor fans can also help.

Ironically, in the longer term it may actually be heat pumps that help Germany to modernise its cooling infrastructure. 

Heat pumps maximise the efficiency of heating systems by moving warm air around a building, and they can also work with cooling systems. Many heat pump systems on the market today are already built to support both heating and cooling functions, and they are much more energy efficient than classic air condition systems.

READ ALSO: Who can apply for Germany’s new heat pump grants for homes?

Unfortunately for tenants with no heat pump and no A/C, the best you can do for now is take notes of cool places in your city where you can relax in the shade or in the water during the hottest hours or the hottest days.

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