# Lease transfer to someone benefits from social aid



## Gerard.Ju (Apr 6, 2017)

Hello...

I live & work in Switzerland. My family in law lives in Germany. I want to help them to find suitable accommodation in Frankfurt ( 4 persons ). 

I'm not considering moving to Germany just wanna have a lease so they can settle in. In further step I want to transfer the lease from my name to someone else in the family so he can be charged of the rent and social benefits knowing that this family benefits from social aid and they don't have stable income.

My question is more about the German laws regarding taxation and obligations that I will have to respect. 

Will I be considered as expat therefore have to pay taxes at source ? 
Is it feasible to change the tenant's name in such situations? will this require the social aide authority to approve this transfer ?


From any similar experiences, please share your comments and advise. 

Thank you...

Best

Gerard


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## Nononymous (Jul 12, 2011)

I'm not sure I even understand the question. I think it's probably far too specific and obscure for anyone who posts here, I'm afraid.


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## ALKB (Jan 20, 2012)

Gerard.Ju said:


> Hello...
> 
> I live & work in Switzerland. My family in law lives in Germany. I want to help them to find suitable accommodation in Frankfurt ( 4 persons ).
> 
> ...


I am not sure I understand the situation.

You want to rent a flat that your family-in-law will live in.

You don't want to live there.

But you will pay their rent.

You will not be registered under that address.

Is all of that right?

They already live in Germany, so why this strange construct?

I am not sure how you see tax coming into this at all, as you won't register under the address?

It sounds a bit like you want to keep who lives in teh flat a secret?

You may want to consider that a landlord in Frankfurt (am Main?), which is way beyond the usual cross border worker towns, may not accept Swiss income. Also, you will have to declare who will live in the flat and it would look quite odd if the person renting the flat is not among those people. Likewise, for your family-in-law to register at this address, they will need a signed form from the landlord stating that he is aware of and okay with them living there.

If you want to transfer the lease into the family-in-law's name anyhow, it may be easier to just act as guarantor for them. Again, Swiss income may or may not be accepted.


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## Gerard.Ju (Apr 6, 2017)

Thank you ALKB.
I would says that you have good understanding of my concerns. 
First of all I will definitly declare the name of persons living in the future appartement. 
The main issue is the lease takeover. 

Family memebers newly arrived to Germany. They have residence permits (resulting from asylum requests) but without professional activity or income except social allocations. So I think asking for lease takeover might be risky and will not be accepted. Right? 
The other concern is what you have mentioned about the Swiss income that can not be accepted.

I would ask what is the best way to ensure that the lease takeover will run smoothly? without causing headache being responsible of that appartement.

Thank you


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## Nononymous (Jul 12, 2011)

Only possible advice I can give: contact the Mieterverein in the city where you'd intend to rent.


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## ALKB (Jan 20, 2012)

Gerard.Ju said:


> Thank you ALKB.
> I would says that you have good understanding of my concerns.
> First of all I will definitly declare the name of persons living in the future appartement.
> The main issue is the lease takeover.
> ...


Right.

I don't think this will work the way you want it to.

I can imagine multiple problems with both social security and landlord in such a scenario.

Best way would be to act as a guarantor for them which means you not only have to find a flat that is within the permitted rent allowance for four persons but to find a landlord who is willing to accept a guarantor who is not a German resident and without German income (not so easy to come after you for the guaranteed rent if your family-in-law defaults, so this could well be tricky).

Nononymus' advice to contact the Mieterverein is excellent.

Frankfurt am Main is an extremely competitive housing market, so good luck.


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