As of: February 16, 2024, 4:50 a.m
By: Lukas Schierlinger, Lisa Metzger
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Hans Jauernig has lived on Titurelstrasse since 1984.
© lks
Hans Jauernig is desperate.
The tenant from Munich is threatened with termination after almost 40 years.
An owner explains her perspective on the housing dispute.
Munich – “Have you ever seen a hobby room with a bathtub and its own cellar compartment,” asks Hans Jauernig in greeting.
The 73-year-old has not lost his sense of humor.
And that despite the fact that his living situation is causing him a lot of headaches.
After almost 40 years, Jauernig is to move out of his “hobby room” on Titurelstrasse (Bogenhausen).
“I have everything I need here,” says Jauernig as he leads the way through his little realm in the basement.
“A bathroom, a kitchen, a nice living room and a separate bedroom.” The trained insurance salesman shows his rental agreement from June 1984. “It clearly states here that it applies to an apartment.” That his apartment is officially a hobby room – in He is defined as such in the declaration of division - he only found out much later.
Apartment in Munich is actually a hobby room: tenant is supposed to move out after almost 40 years
It's all nonsense, claims the owner of the residential complex, Sylvie Lantenhammer.
“Mr. Jauernig already knew that when he moved in.” Presenting himself as a “poor victim” and portraying the owners as “the bad guys” is incomprehensible for Lantenhammer.
The reason: They have been paying for it for a quarter of a century, while tenants like Mr. Jauernig shy away from the costs.
But first things first.
Because the situation is not entirely simple.
Confused ownership structure complicates the situation
In the six houses at Titurelstrasse 2-12 near Arabella Park there are a total of 154 apartments and several so-called hobby rooms.
Everything is organized in a community of heirs, as Lantenhammer explains.
The building in which Hans Jauernig lives - a low-rise building - includes 44 apartments.
All of these apartments belong to the community of heirs, including Sylvie Lantenhammer.
However, there is no ownership - and this is where things get complicated - when it comes to the hobby rooms in question.
Because, according to Lantenhammer, these were sold by a real estate agent to external owners.
Some of them are sublet as apartments.
Like the one where Hans Jauernig has lived for 40 years.
The problem: The additional costs are not borne by the tenant, but fall back on the homeowner, explains Lantenhammer.
“As the owner, I have been sponsoring half of the costs for years,” that is not right and has nothing to do with justice.
Owner: Hobby room is sublet as Aribnb
“One also rents out the hobby room as an Airbnb.
Every few days, eight to ten people are there, leaving rubbish, making noise and using more water,” complains Lantenhammer.
All at the expense of the owners and the remaining tenants.
Jauernig sees it differently: “They are guest apartments where visitors sleep,” explains the 73-year-old.
And some other rooms are already used as hobby rooms.
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“It’s not a basement hole”: The 73-year-old definitely doesn’t want to move.
© lks
Two years ago, in 2022, the problem on Titurelstrasse was addressed at an owners' meeting.
“At that time, a vote was taken and it was decided that the existing rental agreements for apartments could continue,” explains Jauernig.
After the end of the rental agreement, the rooms can only be rented out as hobby rooms.
Four owners, including Sylvie Lantenhammer, subsequently challenged the decision.
Federal Court of Justice ruled on the use of hobby rooms:
In 2015, the Federal Court of Justice ruled that hobby rooms that are designated as such cannot be rented out as apartments.
This principle also applies to rooms that have already been used as apartments in the past.
The Munich district court ultimately followed the opinion of the four owners and declared the resolution of the owners' meeting invalid in a judgment.
The use of the rooms for residential purposes is not legal.
The property management responsible for the property sees no room for discretion, as they explained in an email to our editorial team: “As an administration, we are now asked to implement the court decision accordingly.”
District court ruling: Tenants must prepare for termination
“First of all, the judgment only affects the owners.
But we have already been informed that we have to prepare for the termination,” says Jauernig.
Tenants have always lived in the rooms in the basement, says the 73-year-old.
His mother worked as a caretaker on Titurelstrasse when he was looking for an apartment after his divorce in 1984.
“I've been here almost 40 years now and I feel very comfortable.”
Owner: “I’ve been paying his utilities for 25 years”
But Lantenhammer still doesn't understand his situation.
“I have been bled dry for 25 years now.
I've been paying his utilities for 25 years and now he goes around saying he's a poor victim." She has no sympathy for something like that.
His mother not only worked as a caretaker, but also lived in an apartment on Titurelstrasse.
When his mother died, Jauernig had the opportunity to move there.
But according to Lantenhammer, he turned it down at the time - also because of the higher rent, of course.
Living space is going to be lost here for no good reason.
That's crazy.
Hans Jauernig, affected tenant on Titurelstrasse in Munich
Today he would have to pay 1,400 euros plus 400 euros in additional costs for one of the 70 square meter apartments on the upper floors of the house.
Jauernig currently only pays 640 euros.
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“Maybe there will be a rethink after all”
But there are also other things that tie Jauernig to his home: “There is no traffic that bothers me.
“I look out into the countryside, it’s not a cellar hole,” he says.
The fact that he has to give it all up forever in the coming months is unimaginable for him.
“Living space is going to be lost here for no good reason.
That's crazy.
There's far too little in Munich anyway." A new apartment would almost certainly mean significant additional costs for him: 640 euros warm - "I'll never find an apartment in Munich for that money again."
Jauernig has been reading apartment ads sporadically, but hasn't completely given up hope yet.
“I want to draw attention to our situation.
Maybe there will be a rethink after all.”
(lks)
Pilar Dieminger knows how frustrating and exhausting the search for an apartment in Munich can be. She moved back to her parents when she was 35.
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