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I habe 6 months since i live in an apartment in München,  rental contract is of 2 years.  Since first day i was followed by my old strange  neighbour, opening his door to speak with me when i was going outside from house.lately , started to punch in wall when i was speaking in videocall (between 20:00-23:00) . Last week , a friend which helped me to rent this flat , received home a post from my owner - an ultimatum for me , that i am very loud in my apartment , i receive too many visits from strangers , and i smoke in apartament ,and i dont have a job because neighbour said this. Fact is that since my boyfriend camed with me in flat started those problems. And we dont make all what was in that letter. And of course don't come strangers in my flat , are days which just i use 6-10 times main door to enter in house. Now we are afraid to do anything in flat because said will call ordnungsamt.  I dont understand which are my rights in this problem.  Please help me with this.
Best regards
Alexandra
asked Feb 12 in Home & Living by Alexy

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1 Answer

+1 vote

Dear @Alexy

Thank you for reaching out to us with your question and I'm very sorry to hear about your situation! 

What you describe doesn't sound lawful to me and a lot like discrimination against you by your neighbor and the house owner. Depending on your contract, smoking for example may be prohibited in your flat and it is not unusual for neighbors to complain about noise. But simply living in your home with your boyfriend and talking (even loudly) in your apartment are your right as the tenant. Unfortunately, there seem to be a lot of prejudiced people in Germany, who try to drive away people by telling stories to the house owner instead of talking to you directly (if they felt disturbed, for example). 

In Germany, we have something called the "Allgemeines Gleichbehandlungsgesetz" AGG. I will try to translate it, as explained here: https://www.antidiskriminierungsstelle.de/SharedDocs/Downloads/DE/publikationen/Leitfaeden/Leitfaden_Wohnungsmarkt.pdf?__blob=publicationFile&v=1 

The law forbids discrimination in the process of getting access to the supply of goods and services. Included is space for living (Wohnraum). The AGG protection against discrimination (Diskriminierungsschutz) includes six reasons for discrimination: age, disability, ethnic background, gender, religion and sexual identity. According to that, racist discrimination in the housing market is forbidden by law. This applies not only to the process of finding housing, but also whilst renting living space. If you find your rights as a tenant violated, you have the right to demand the discrimination to be ceased, even to the payment of compensation for the violation of your "personality rights" (Persönlichkeitsrechtsverletzung). 

There are a few exceptions that apply. For example, it is lawful in Germany to ensure "socially stable inhabitant structures, balanced settlement structures and economic, social and cultural conditions" within renting living spaces (§19 Abs. 3 AGG). 

Unfortunately, this paragraph often allows for (racist) discrimination to be overlooked. 

What I would advise you to do is to collect proof of your situation. If you are in Munich, you can reach out to the "Mieterhilfe München", who help with questions around renting, problems and conflicts (also with neighbors). Here are their contact details: http://www.muenchen.de/dienstleistungsfinder/muenchen/1082659/ 

I couldn't come up with contact information for a specific anti-discrimination department, but they may know more details. Otherwise, there is always the option to contact the Federal Anti-Discrimination Agency, usually in bigger cases: http://www.antidiskriminierungsstelle.de/EN/Home/home_node.html 

Hopefully, this information helps and you find support to solve the conflict in your house. Feel free to reach out to us again if you need any further assistance! 

All the best, 

Isa

answered Feb 16 by Isa
Thank you very much for answer , and for all help .
Well i never felt so insulted like yesterday.
In contract is standing my name , and german name . But owner's know just i live there ! And even in contract is standing is allowed just 1 person to live in that apartment .
Yesterday , camed owner's to speak about situation from flat. But camed and this german. I tried to explain what is happening , and i was invisible. Nobody was listening me.
I explained them in a Sunday,  at 20.30 i was in videocall with mom.  And old neighbour started to kick in my wall. In that moment i tried to call owner's  , didnt answered me , didnt called me back ( and i said in mailbox to call me,  and i explained what problem i have ) , after this i was to other neighbour , and she told me she could hear nothing from me , never ! And said is strange what is happening with other neighbour. My landlord answered me :" of course dont hear , she is not always home !" But owner's told me ( without to show me anything) all my neighbours from up-down- right- left , and hausmeister which is living 4 floors down are disturbed i receive visits from noisy friends , and i make a lot of noise.  
I had no right in defending me in front of owner's,  no right even to say something.
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