The Affidavit of Non Tenancy is a crucial document in German property law, used when there is a need to formally establish and certify that no tenancy relationship exists for a specific property. This document is particularly important in property transactions, refinancing, or when addressing potential disputes about property occupancy. The affidavit must comply with German legal requirements, including proper notarization under the Bürgerliches Gesetzbuch (BGB) and relevant property laws. It typically contains detailed information about the property, the affiant's authority to make the declaration, and specific statements confirming the absence of any lease or rental agreements. This document is often required by banks, insurance companies, or potential buyers as part of their due diligence process.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit made under oath
2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit
3. Property Details: Complete description and address of the property in question
4. Statement of Authority: Affiant's relationship to the property (owner, authorized representative, etc.)
5. Non-Tenancy Declaration: Clear statement that no tenancy relationship exists for the specified property
6. Specific Circumstances: Details about the current occupancy status and explanation of any relevant circumstances
7. Verification Statement: Statement confirming all information is true and correct to the best of affiant's knowledge
8. Execution Block: Date, signature block, and notary certification section
1. Historical Context: Section describing any relevant history of the property's occupancy, used when there's a need to explain past situations
2. Third Party Declarations: Additional declarations from other relevant parties (e.g., property manager), used when multiple parties need to confirm the non-tenancy status
3. Property Access Details: Information about who has access to the property and why, used when there are authorized non-tenant occupants
4. Supporting Facts: Additional facts or circumstances that support the non-tenancy claim, used in complex situations or potential disputes
1. Property Documentation: Copies of property ownership documents or proof of authority
2. Photographic Evidence: Photos of the property's current state, if relevant
3. Identity Documents: Copies of affiant's identification documents as required by German law
4. Authorization Documents: Any power of attorney or authorization documents if affiant is not the property owner
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