Hello
Is it from tax or legal perspective possible to do the Abmeldung, including cancelling health insurance, regular job contract, and officially leave Germany, but keeping the rented apartment and continue to pay rent and other utilities?
At the same time I would register in another EU country, together with health insurance, where I would be staying majority of the year, and go to Germany and to the rented apartment only a few weeks or couple of months per year?
Can I expect some difficulties from anyone, like Finanzamt?
If anyone could share his own experience would be great.
Deregister, keeping rented apartment
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Franklan
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Re: Deregister, keeping rented apartment
It is perfectly legal not to live in a rented flat. However, there is a ‘duty of care’ ("Obhutspflicht") to prevent damage to the landlord's property through proper behaviour.
This includes, for example, regular ventilation to prevent mould growth. Or regularly emptying the letterbox, because an overflowing letterbox is known to attract burglars. In addition, in an inadequately heated flat, a water pipe could burst in winter.
The landlord may consider your constant absence to be a breach of your duty of care ("Vernachlässigung der Obhutspflicht") and terminate the tenancy agreement.
Whether the landlord would be successful with that in court is, of course, another question.