An Affidavit of Occupancy (eidesstattliche Versicherung zur Nutzung) is a crucial document in the German legal system used to formally declare and verify property occupancy status. This document is commonly required in various situations, including mortgage applications, legal proceedings, property transactions, and administrative procedures. It contains detailed information about the declarant, the property in question, and specific declarations about occupancy patterns and usage. The affidavit must comply with German statutory declaration requirements and includes warnings about legal consequences for false statements under 脗搂156 StGB (German Criminal Code). It's particularly important in cases involving property financing, residence verification, or legal disputes where proof of occupancy is required. The document may need to be notarized or authenticated by authorized officials, depending on its intended use.
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1. Declaration Header: Formal title and date of the affidavit, including the jurisdiction (Germany)
2. Declarant Information: Full legal name, current address, and identification details of the person making the affidavit
3. Property Details: Complete address and description of the property that is the subject of the occupancy declaration
4. Occupancy Statement: Clear statement of current occupancy status, including dates of occupancy and nature of use (primary residence, secondary residence, etc.)
5. Purpose of Declaration: Specific reason for making the affidavit (e.g., loan requirement, legal proceedings, registration purposes)
6. Verification of Facts: Statement confirming all information provided is true and correct to the best of declarant's knowledge
7. Legal Warning: Statement acknowledging understanding of legal consequences of making false declarations under German law
8. Execution: Date, place, and signature of the declarant
1. Co-Occupant Details: Information about other occupants of the property, used when multiple people reside at the address
2. Previous Residency History: Details of previous addresses, included when required for verification of residential history
3. Property Ownership Statement: Declaration of ownership status, included when the declarant is also the property owner
4. Rental Agreement Reference: Details of lease agreement, included when the declarant is a tenant
5. Temporary Absence Declaration: Statement regarding any temporary absences from the property, used when there are regular periods of non-occupancy
1. Proof of Identity: Certified copy of declarant's identification document (Personalausweis or passport)
2. Property Documentation: Copy of property deed, lease agreement, or other document establishing right to occupy
3. Residence Registration: Copy of Anmeldung (residence registration) document
4. Utility Bills: Recent utility bills or other documents proving actual occupancy
5. Floor Plan: Layout of the property, if relevant to the purpose of the affidavit
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Notary
Legal Counsel
Mortgage Advisor
Property Manager
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Banking Officer
Compliance Officer
Housing Officer
Property Administrator
Legal Administrative Assistant
Loan Officer
Court Clerk
Real Estate Attorney
Registration Officer
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