"Uncooperative" (unused) housing right causes problems

  • Erstellt am 2020-08-11 08:08:21

guckuck2

2020-08-11 08:53:40
  • #1
Yes, go to a lawyer and ask for clarification. Wohnrechte are simply terrible and you only realize afterward that the inheritance/gift is actually a cuckoo's egg.
 

nordanney

2020-08-11 09:03:28
  • #2
Of course, you can renovate as you please. However, the right of use must not be restricted. Announce the renovation with a date and carry it out. Just like with the renovation of a rented property. Offer him alternative living space for the duration of the renovation – that should be possible on the property/house. You have to take care of that. Cover, move around, etc. No Yes, you may not do that. Or do you want your neighbor to tear down walls in your house? It’s comparable. The right of residence covers an area X = rooms a,b,c. You MUST leave these rooms to him, but you can influence the condition = renovate. He only has a right of residence. Comparable to an unterminable rental contract where he only pays the additional costs. You can handle the rooms the same way. Renovate, renovate, etc. The uncle has no way to prevent you from doing this.
 

s0nyHess

2020-08-11 09:15:56
  • #3


Several hundred kilometers away. The right of residence is intended so that he can live in his family's homeland for his entire life. But as I said, he hasn't been there for several years either. Maybe he's not as mobile anymore?!

But even after a relatively large sum of money was offered to buy him out of the right of residence, he is resisting....

Basically, renovating alone doesn't make much sense. Because the rooms will (actually already now) be used differently later on (walls removed, etc.). So if I can only renovate "now," then in a few years (after his death, because the right of residence applies that long and it is not inheritable) I will have to renovate again, since a wall is supposed to be removed. Stupid situation....

Thanks for all the answers.
 

nordanney

2020-08-11 09:21:00
  • #4
You have to face one fate. Renovate now and not have the right rooms or wait until the uncle is in the box. Coercion doesn't help, only keep reasoning well again and again.
 

Musketier

2020-08-11 09:33:35
  • #5
Sounds like you guys have done everything over the phone so far? Ever stopped by for a nice chat?
 

RomeoZwo

2020-08-11 09:46:49
  • #6
Have you already looked at the contract carefully? Often, the contracts also state that a right of residence expires if it has not been used for a certain period of time (6 months / 1 year). The right of residence also becomes void if the premises have become permanently uninhabitable. Well, you certainly don't want to achieve that in your own house, but it would be a possibility. Since he hasn't been on site for years, he probably hasn't maintained the rooms either. The case is disputed if the uncle moves into a nursing home, because a "return" cannot be 100% ruled out here. If there is a permanent need for care that cannot be provided in the rooms with the right of residence, it can also lapse.
 

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