Note: The following article is for general guidance only. For binding legal advice, we strongly recommend that you consult a specialised lawyer. We will be happy to put you in touch with the right lawyers in our region.
What exactly is an overcrowded flat?
Avoid overcrowding in flats
To prevent overcrowding, both landlords and tenants should ensure that the living space calculation is adhered to. Landlords should adhere to the prescribed number of rooms when letting and tenants should ensure that they do not live in an overcrowded flat. Another important aspect is communication: landlords should speak openly with their tenants about the number of people who will be living in the flat. In this way, any problems can be recognised and avoided at an early stage.
What are the consequences of overcrowding in a flat?
Overcrowding is a major problem in many cities. It can have negative consequences for both tenants and landlords. Here are the most important points:
- Breach of the terms of the rental agreement: The landlord has the right to rent the flat only to the persons named in the tenancy agreement. If the landlord learns of the overcrowding, he can terminate the tenancy. This means that the tenants must leave the flat and are not entitled to a refund of the deposit. (Please discuss this specific case with a specialist lawyer for tenancy law).
- Overloading of the housing infrastructure: If too many people live in a flat, there can be problems with the water supply, electricity and waste disposal. An underestimated point is that overcrowding can also lead to very high levels of mould, especially in the winter months. Too many people living in the flat on a permanent basis creates a very high level of humidity through respiration. In combination with little ventilation, this can lead to a lot of mould. This can be unpleasant for both tenants and neighbours.
- Legal consequences: If the flat does not meet the legal requirements, the housing inspectorate can intervene and impose penalties.
FAQ - Frequently asked questions on the subject of overcrowding:
When is a flat overcrowded?
Overcrowding occurs when more people live in a flat than its size and furnishings actually permit.
What is a minimum living space?
The minimum living space is the minimum living space required per person in a flat. This varies depending on the region and type of housing.
What is a living space calculation?
The calculation of living space is based on the area of a flat that can actually be used for living. This excludes areas such as kitchens, bathrooms and storage rooms. A living space calculation is carried out in square metres (m²) and takes into account both the area of the living space and the area of ancillary rooms such as the kitchen, bathroom and hallway. The living space itself includes the rooms that are used for living and sleeping, such as the living room, bedroom and children's room. This may be required for various purposes, for example when selling or letting a property, when drawing up building plans or when calculating property tax.
It is important to note that there are different legal requirements and standards for calculating living space, depending on the country and region. In Germany, for example, there is DIN 277, which regulates the calculation of living space.
