Right of Residence
July 19, 2009 | 25,00 EUR | answered by Andreas Scholz
In 1995, we had an enforceable right of residence entered in our house for each of our two children. These rights of residence are connected with a contractual agreement - lease agreement - according to the notarial deed. One of our children terminated this lease agreement in 2008 and moved into their own house. A return seems unlikely.
My question is: Does the mentioned constellation - right of residence with contractual agreement - still have legal force and can it be deleted?
Dear questioner,
The right of residence can be deleted upon approval of the entitled party (in this case your son) in accordance with §§ 19, 29 GBO and upon your request, § 13 para. 1 GBO.
If the contractual agreement underlying the right of residence stipulates a condition that the right of residence shall expire upon termination of an existing tenancy agreement or leaving the apartment permanently, then the approval of your son is already given, so that you can achieve the deletion of the right of residence in the land register solely through the contractual agreement.
In any case, you must apply for the deletion.
I hope I have been able to assist you further and remain
Yours sincerely,
Andreas Scholz, Esq.
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