roommate

The word Urbanization (short: WG ) refers to the coexistence of several independent, mostly non-related persons in an apartment. Public spaces such as bathroom, kitchen or living room are shared here.

In many other countries, this form of living is not as common as in Germany, Austria and Switzerland. Since the 1960s, she is there most common among students. Dutch student huizen (literally " student houses " ) are coarse with purpose - WGs ( often in dormitories ), woongroepen ( " group homes " ) partially more comparable to municipalities. Intermediate forms are less common than in Germany.

History

Models for communities in private households, there have been many in all cultures. The idea to share an apartment as non-relatives for reasons of cost, there were already in the 19th century; a literary document can be found in the novels of Arthur Conan Doyle, describing the beginning of the friendship between Sherlock Holmes and Dr. Watson as pure end -WG. An increase in western residential communities has been observed since the 1960s.

Recently, a strong trend for Urbanization is recorded. More and more people, especially young people want to live together with their friends. Even older people who do not want to be alone, increasingly live in residential communities.

Sociological aspects

Today we distinguish colloquially the "purpose -WG ", together their residents for reasons of cost savings in the community life plays a subordinate role of the "non- purpose -flat " in which personal relationships, joint ventures and community among roommates more in the foreground.

The hierarchy in shared flats is mostly flat due to the more progressive group of users, although of course age, duration of the WG membership and especially the character of each member create a certain hierarchy. Since any social relationship between people connected to certain rules, can in non- purpose - WGs also because of the requirements (eg cleanliness, ownership in the fridge), certainly creates greater tension between friends; on the other hand occur in so-called end - WGs through the acceptance and mutual acquaintance in the everyday environment and friendships.

In some cases also arise WG -like living of various non-related individuals or couples from different generations, such as multi-generational house, multi-generational project, or with parents or siblings arise multigenerational households in the form of extended family.

Types of cohabitation

Initially lived primarily students and apprentices in residential communities, primarily to share the rent and so to save money. Increasingly today live professionals in residential communities, for example, in a business Urbanization. Professionals and newcomers live together and socialize as private and sometimes business contacts. Special significance of this form for people who often change their places of work and not stay long in one city. Mostly residential community residents between early 20s and early 30s are often solves Then the family or living together as a couple the residential community. Exceptions are " living communities for single parents " and " Senior Living Communities ".

In a "WG for single parents ", the residents may alternate with childcare and mutually relieve financially. Residential Communities shall be alternative for senior living by brunette seniors living in a " Senior WG" they remain independent, but live in community. From the senior living community or assisted living concept, the "plus -WG " demarcates. The plus stands for a life aged 50, there are elderly people who do not need external help to life. While sharing an apartment in a classic residential community several residents, inhabit the members of a "plus -WG " often each have their own apartment in the same house.

Furthermore, were for disabled people, mentally ill, and the elderly established residential communities with professional care. These are people who are unable to live alone, provide a way to live a life with the greatest possible independence outside of homes or hospitals. For persons with dementia called dementia -WG is a possible housing and care form.

A special form form residential communities within the framework of " Living for help" projects in which young people support the elderly or families and receive affordable housing with them.

Legal Aspects

The rental agreement

Civil Legal aspect: Apartment communities are not specifically regulated in the German Civil Code. Therefore, various civil constructions of the lease are conceivable:

One of the main tenants and subtenants

A resident of the WG will be the main tenant, which closes the lease with the landlord. The remaining roommate close with the main tenant a sublease (usually only after approval of the lessor, the unauthorized subletting is grounds for dismissal ). This construction gives the main tenant in a privileged position with extensive rights and obligations: he is the ( only ) contractor of the landlord.

In practical terms, this has the disadvantage that it must fulfill all obligations of the total lease for the main tenant compared to individual rental agreements between landlords and tenants. So liable (only ) the main tenant to the landlord over for the payment of the total rent. If the tenant does not pay their rent (on time), he is solely responsible. In general, the main tenant is the landlord also face the risk of liability to the leased and has to respect the house rules by his lodger ( = roommate ) are straight. As a benefit to the main tenant, it could be that he (possibly without notice ) may terminate individual living with them. In addition, can bring himself through his termination to the landlord over the entire lease to case only the main tenant. Upon termination of the main lease the main tenant must however make sure that he (on time) announces the sub-leases with his roommates, because otherwise he could make liable for damages towards them.

The sub- tenants have in such a design have the advantage that they are only liable in contract against the principal tenant. Meanwhile, the subtenant has the disadvantage that it has to the lessor shall have no right of residence when the main lease was terminated ( or has expired ).

The landlord finally has the disadvantage that takes more than one person, only the main tenant is liable by contract; in return he has ( as in a lodger change) a contact person, as far as rent payment, etc..

The construction described here also has the advantage that the various residents are not considered household community, with far-reaching consequences for the social security rights.

A possible disadvantage of this design may be in trouble in a change of residence of the main tenant: Attracts the main tenant, but want the apartment inhabit the subtenant continues, either a new agreement may be concluded with the main landlord or the tenant under the existing lease between the main landlord and the main tenant occur (ie, the contract take over ). Because of the general contract ( financial statements ) freedom of the main landlord is not obligated to enter into a new lease with the tenant or to agree to the contract acquisition ( entry ) by one of the sub-tenant. For this reason, it is advisable, with the main landlord to agree an admission clause in favor of the tenant before the end of the main lease and include them in the contract. Only in this way can it be ensured that the lodger can actually stay in the apartment, the main tenant should take off. According to Austrian law, a transfer of contract should also be charging for, as well as the conclusion of a new tenancy agreement, which is to take over as a rule by the tenant and may well account for a few hundred euros.

Several major tenant in a lease

All residents of the WG are the main tenant. So we all have equal obligations to the landlord. However, decisions of the rental party are usually jointly and unanimously cases. They shall be jointly about the termination, a single roommate can not terminate the lease. If only one roommate want to move out, can an amendment agreement (" X in the existing lease occurs for Y " ) are taken. Since such participation or consent of the landlord requires it turns out in practice often difficult. Should therefore be included in the lease agreement from the outset a so-called successor clause. Basically, the landlord must agree to a replacement but the main tenant in a residential community. In addition, every single major tenant is liable jointly and severally, that is for the whole contract liability of the rental party to the landlord.

Individual leases with each resident

The landlord concludes with each resident individually from a lease, for example, over a single room in a multi- bedroom apartment with a proportional use of kitchen and bathroom. Consequently, only one roommate for themselves liable

Marriages and communities

For marriages or unions shall regularly that they do not fall under the definition of " residential community". Short-term visit of up to six to eight weeks or the inclusion of a family member as well not. The spouse may at any time move the respective partners and that too without the landlord's consent, if the apartment is not occupied by it. Unmarried partners are considered third parties before the law and the landlord must be registered. The landlord may, however, refuse the establishment of a third party in the apartment only in case of overcrowding.

For a non - marital cohabitation, however, the problem arises that the partner who is not a party, de facto is by the other partner in a legal dependency. Because at least the end of the partnership, the partner who is the main tenant, ask the other to move out of the apartment.

Terms ratio of roommates to each other

It is reasonable to assume that the co-tenant involved in a residential community establish a BGB internal company regularly. The required jointly pursued its purpose is to enable the coexistence in the shared rented accommodation. From the usually only implicitly closed social contract, individual rights and obligations of the co-tenant arising among themselves.

So an internal agreement about is just in the case that all joint tenants are the main tenant, conceivable, who must apply what share of the total rent. Such an agreement does not change the liability in the external relationship ( joint and several liability with anchor tenants ), but develops only internal effect. As another example, as the obligation to comply with a common cleaning plan will be called. Also reciprocal duties of protection within the meaning of § 241 paragraph 2 BGB arising from the social contract.

Household and community needs

A residential community can lead to the community is estimated to be required Community within the meaning of the SGB and / or as a common household within the meaning of the Income Tax Act, which may lead to power cuts or higher taxation.

Statistical surveys

The Federal Republic of Germany leads in their annual reports to official population statistics no accurate surveys of residential communities. Residential communities are recognized in the micro census as several one-person households. Thus, no reliable data on the distribution and importance of shared flats and single households in Germany can be provided.

Only for specific groups of the population, the proportion of people living in residential communities people is recognized. For example, there is the 17th Social Survey of the German Student Union to the conclusion that in 2003 about 22 percent of the students ( are out of a total of 2 million students this about 445,000 ) in the Federal Republic of Germany in shared living.

In 2013 lived in Germany 3.6 million people in residential communities.