Landlords and their responsibilities for upkeep

Here is mine..

GF and myself returned home yesterday evening and found that the Damaged Hand basin in the Bathroom had finally washed it last hand!

Before she accepted the flat, she and the landlady agreed that the sink was indeed damaged and both of them took photographs and it was docummented in the contract...

Now, here is the Twist...
The Landlady wrote 2 contracts, One for a sum of x00€ which was for the attention of the Sozialamt... and One for x00€+220€ (The actual rent)

In the Contract for x00€ she does not document the dammage to the sink...
In the x00€+220€ she has documented it..

Now here comes the twist!.. She then requested that My GF shredded the copy of the higher rent contract! and the landlady then tore her copy too...

Fortunately my GF did not shred the contract, but it is the only copy, and the sozialamt have a totally different contract copy..

So here is my question..

Who is responsible for the replacement of the wash basin?

Thanks folks

SP!

I rent an apartment out that is above my garage. It would be MY responsibility to replace the sink. Even if it wasn't damaged when the initial contract was signed UNLESS it was obviously caused by anything other than "normal wear and tear" (like the tenant was standing on the sink and ripped it off the wall).

Being that your girlfriend actually holds BOTH copies of the rental agreement, she has the upper hand. The landlord really shouldn't have a problem with fixing the sink.

Not that I care, but which person is scamming the sozialamt? The landlord or the girlfriend? I ask because this can make a huge difference on who has the upper hand if the landlord refuses to fix it. (It would seem to me that the scam is being done to benefit the landlord to not report the extra 220 Euro of income).

First talk to the landlord. If she refuses, use the other contract as leverage. If she still refuses, have a talk with the sozialamt. I'm sure they'd be interested in knowing that the landlord has not been reporting 220 Euro a month for X number of months.

Also, if the landlord tore up her copy with the extra 220 Euro, why is that amount being paid? There is no legal or binding agreement to pay it if she tore up the contract and your girlfried was supposed to shred hers.

Its certainly in the Landladies interest that the 220€ is not reported to the sozialamt because it will therefore not be mentioned to the Finanzamt...

Thank you for your reply...

This landlady is also refusing to repair a leaking tap in the kitchen too... before long the work surface will need replacing too!

But Germans and forethought/logic do not really go hand in hand!!!

Well, the leaky faucet (I don't think) is her responsibility. Often, minor repairs are the responsibility of the tenant unless otherwise specified in the rental agreement. If the faucet was leaking under the counter, then it would be a major repair and the landlord's responsibility. Over the counter (like dripping into the sink kind of leaky faucet) would be a minor repair unless the repair required the replacement of the faucet. Usually, a leaky faucet only requires the tightening of a nut or the replacement of an O-ring.

Some landlords are different. I do all major or minor repairs to our rental apartment. However, if the tenant is obviously at fault, I will inform her that the repair is needed due to her neglegence and that she should sort it out herself. For example, not opening the bathroom window after she is done showering and allowing the steam / moist air to linger in the bathroom & bedroom caused mold to build up. She was informed when she moved in that because of the structure, mold would build up in 2 specific corners if she didn't air out the steam & moist air. This was in the contract.

As for the work surface (I'm guessing that would be the counter top), she is not required to replace or repair something that is suspected of needing replacement "before long" unless if causes a hazard or prevents normal functioning of the area. If it wasn't specifically mentioned in the rental agreement, she may want the renter to pay a percentage of the repair/replacement costs. That goes for the work surface and the leaky faucet.

But the bathroom sink IS in the (or A) rental contract. It doesn't matter if it is the one that the sozialamt has or not. If it has HER signature on it, she is responsible. Show her a COPY of the rental agreement that states that she will repair it. DO NOT keep the original in the apartment once she knows that it wasn't destroyed. She may try and find it while no one is home. Once she knows that the contract is still around, she may get the hint that it would be in her best interest to honor the contract. If not, let her know that you will take the contract to the sozialamt and/or a lawyer (who will take it to the sozialamt).

Good point...

Maybe I miss understood my GF..

Either way..

The sink is bust and the landlady seems to be a bit dodgie!

SP

Ooo I know that game. When she wrote the contracts she was trying to make your girlfriend think she also had something to gain by not documenting the sink in the low-rent contract. She thought it through, alright: she tried to plan it so that she wouldn't have to report the income OR fix the sink if she decided she didn't feel like it.


Definitely agree with this. She's a sneaky bastard.

Actually, if she is only reporting the amount -220 Euro as the income and charging the girlfriend 220 Euro more than the contract states, maybe it would be cost efficient to report her fraud, get the 220 Euro back for all those months, and repair the sink yourself. It won't cost more than 300 Euro (unless tile-work and major plumbing changes are needed). Hey, if she wants to play bitch, beat her at her own game.

Well. This is a topic which I confess I have a bit of need for at the moment.
In Canada, it's illegal for a landlord to enter the apartment of his tenant(s) without their consent and without AT LEAST 24 hours notice. I think that's pretty standard, but I'm not too sure, which is where my question comes in.
I subletted a room from a guy going away for a month. meaning that he, the guy I subletted from, is my landlord, and I his tenant. The owner of the flat showed up on christmas day, at 4 in the afternoon with no notice. I asked him what he was doing there, and he told me he was there to drop of a vacuum and take a couple things from the kitchen. When I asked him what he would have done had I not been there to answer the door, he replied that he would have come in, left the vacuum, and taken the things from the kitchen. no word of so much as leaving a note. He didn't seem to understand why I was irritated at the thought of him coming into my apartment when I wasn't there, and taking things, no matter to whom they belonged. furthermore, the door to my room has a lock, but no key, meaning that anytime he decides to drop by unanouced, he can easily come into my room and make off with things. His first reaction to my irritation was to ask what I was hiding that I didn't want him to show up without notice, and his second was to inform me that my mother wasn't allowed to be there (despite it having been written into the agreement I signed with him, and the one I signed with the guy I subletted from), and getting mad at me for that, and to tell me I was making a big spectacle of things, and that there was no need. etc.
My question, having now given you all that background, is first to the legality of him entering the apartment without consent, and what I can do to stop him from doing so (since I don't really feel all that secure here, knowing he has no problem letting himself in at whim), and second as to him being allowed to use the apt as a storage room for broken dishwashers and fridges and washers (they showed up in the closet, and no one's quite sure when or how). Okay, so there are other questions too, but we'll leave them be, for now.
Thanks for your thoughts and imput!

See if either/both of the contracts have a clause regarding "Kleinreparaturen". Generally, the tenant is responsible for repairs up to €150. Or just don't pay the €220 for one month, fix the sink yourself and wave the "reduced" contract under her nose. I would love to see her try to claim the missing rent ...

When you rent you rent all the stuff in the flat.The Landlord is responsible for anything that breaks unless of course it can be proven that you have broke it through gross negligence.

What are the Legalities of us withholding rent payment?

SP

The legality is, she holds a rental agreement that states she is owed a specific amount of rent every month (minus the 220 Euro). Legally, your girlfriend is not obligated to pay the extra 220 Euro every month. Just know that by not paying the extra 220 Euro, it is very likely that her rental agreement will not get extended beyond the current end date and that the landlord will start looking for any reason to evict her. But then again, with threats of eviction, your girlfriend can always threaten to go to the sozialamt and report her for fraud.

The legalities are, Your GF should write a letter to the landlady demanding the repair of the sink,giving her about 7-10 days to get it repaired, if it is not within 10 days repaired she is allowed to withhold a percetage of the rent, german courts allow for example ,if rains through the roof and the floor is wet 100 %, no hot water in sommer 40%,no heating in winter 90%, with the sink i would think about 15%. Note, she is only allowed to withhold the part of the rent,after the repair she must give the landlady the rent what was withheld.
Geoff

It is illegal in Germany for your landlord to enter your apartment without consent. What you should do to stop him from doing this is to get the locks on your door changed and not give him a key. It's just that simple. Besides, you don't really know how many people may have a key to your door. There is no law in Germany that states the landlord is entitled to possess a key to your apartment. I've been down this road before and I rest much easier now that my landlord doesn't have a key to access my place. Regarding him using your apartment as a storage place, I would write him a letter requesting him to remove the appliances asap and anything else he's storing in your place. If he is to use your place as storage then it has to be specified in the contract. If it's not in the contract than he's using some of the space you're renting for his own use. If he doesn't comply then start taking a percentage off the rent until he complies. But you have to put this in writing to let him know there is a percentage being taken off the rent. In the letter also mention you've had the locks changed because he has been in your apartment without consent. Btw, any communication you do with him should be in writing and sent certified, so there is a paper trail.