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    VickyWest's Avatar
    VickyWest Posts: 2, Reputation: 1
    New Member
     
    #1

    May 7, 2013, 06:55 PM
    Does he have the right to kick me out without any notice?
    I live with my boyfriend, I moved him with him from another country (from the UK, to Germany), we've been living together for 1 and a half years now. Things haven't been great, so now he wants to kick me out. I don't pay any rent, and didn't sign any tenancy agreements. He is a tenant himself, and has a landlord, but he is the only one on the lease. I think we are cohabiting, because we do have an oral agreement that we will live together indefinitely. I am registered as living at that address, all my letters are sent there. However, I am ready to move out, but he tries to kick me out on the spot, with no notice, without giving me any time to find new accommodations. He says he can call the police and have me evicted at any time because I am just a guest. Is this true? Do I have any rights here at all? I don't know the laws regarding this in Germany. Please help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 7, 2013, 07:40 PM
    German law is pro tenant. However, what I can't find is whether you qualify as a resident.

    In the US you would be. I doubt if the police will throw you out. I think he needs to give you reasonable notice to vacate.
    VickyWest's Avatar
    VickyWest Posts: 2, Reputation: 1
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    #3

    May 7, 2013, 08:03 PM
    Another thing is... He is physically abusive. Does that give me any more rights to some sort of notice? Will it keep the police from arresting/evicting me if either of us were to call them? I would like to call them when he assaults me, but I am scared they would kick me out of the flat since he claims I'm just a guest and have no rights.

    I qualify as a resident of the country/city. Do you mean you're not sure if I qualify as a resident of the flat? Like I said, I've lived there for 1 1/2 years now. We had an agreement that I could stay there, so... I don't know. Aren't oral agreements also binding?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 8, 2013, 03:01 AM
    No, that doesn't. However, if he does physically attack you, you may be able to call the police, have him arrested, then get a restraining order to keep HIM away, at least until you can find new lodgings.

    Since he is the leaseholder, essentially he is your landlord. As such he has the same legal responsibilities as any landlord.

    Like I said, I'm not familiar with German law, but in the US, if this is your legal residence, then you can't just be kicked out without notice. I would suggest you try to find a support group for abused women in your area who can advise you more specifically.

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