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  1. Past Hour
  2. Need Advice, landlord dispute “Nebenkostenabrechnung”

      According to the German high court she is:   "Die Kaution sichert zu Gunsten des Vermieters auch noch nicht fällige Ansprüche, die sich aus dem Mietverhältnis und seiner Abwicklung ergeben und erstreckt sich damit auch auf Nachforderungen der vom Mieter zu tragenden Nebenkosten (BGH: Urteil vom 18.01.2006, VIII ZR 71/05)."     "The deposit also secures claims in favour of the landlord that are not yet due, which result from the tenancy and its settlement and thus also extends to additional claims of the ancillary costs to be borne by the tenant (BGH: judgment of 18.01.2006, VIII ZR 71/05).   https://deutschesmietrecht.de/kaution/58-mietkaution-einbehalt.html   The complete ruling can be found there:   https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&nr=35739&pos=0&anz=1   But that "Nebenkostenabrechnung" ist not sufficient, an expense settlement must contain the following (translated with www.DeepL.com/Translator)   "The tenant's address must be complete and correct. The apartment must be indicated. For example: 3rd floor, left. The settlement unit must be described, i.e. is settlement performed for one house or perhaps for several connected houses in a housing estate? The landlord must specify the settlement period in the service charge settlement. From when until when is invoicing carried out? For example from 01.01.20xx to 31.12.20xx. The individual service charge types that are apportioned must be specified in the settlement. The distribution key must be listed. How are the ancillary costs apportioned? For example by living space, number of persons or living units. The landlord must state the total costs. The service charge settlement must show the calculation of the costs for the apartment to be settled. The tenant's advance payments must be specified in the settlement. Finally, it must be shown whether the tenant receives a repayment or has to make an additional payment."      
  3. Today
  4.   You could have joined the mieterverein (tenants association) and they could explain your rights to you and possibly help you write the landlord a letter but if you weren't a member before this, they will not give you legal help if it ends up in court.  Now you are not in Germany anymore, you could probably still join the mieterverein but it's not like you can go to appointments and discuss your case with them.   The landlady is not allowed to keep your deposit based on utility bills.  She can only keep it due to damages to the apartment and she would have had to specify those damages at the handover.    
  5. When I asked for a Nebenkostenabrechnung this is what I received... Over email exactly in this layout, no formal document or breakdown. “Gas                        116.00 euro Electricity             69.00 euro Water                   26.00 euro Gabbage              35.00 euro Total                      246.00“   And if I add up what I paid for that lease period there is €112 outstanding and she also kept €150 of my deposit which means she owes me €38. I have also told her I will not recognize any other format of an itemized bill other than what is specified and she lost it and is being so rude. I have sent her and her lawyer and email of what I expect. Is there any place in Germany that you can contact when landlords don’t do what they’re suppose to??  I’m no longer in germany so it’s making things a little more difficult.
  6. Motorcycling rideouts

    Anybody interested in a ride out at the weekend? 
  7.   That's the Waldorf salad episode!  The scene with the fruit salad is Cybil and two posh English ladies.. :-)
  8.   So send them a bill back.  Say according to your calculations which you can include, they actually owe you.
  9. I rented out an apartment that was attached to their house, I had my own gas meter. In my contract I paid a certain amount for utilities. I have the gas readings but I can’t see if all the money I paid for utilities was evenly applied. When I ad up the gas, water and electricity they actually owe me money...  I was given a monthly estimate but they are saying I have gone over and have only forwarded me the bills the utility companies sent them, they refuse to type up a Nebenkostenabrechnung.  And on top of that there is a gas bill outstanding of what I apparently used over the monthly allowance that they have not paid and are saying I will be made to pay that bill and the late fees that are currently piling up on it.   I was silly enough to just give them cash for what they told me I was over in 2016 as I had no idea they are suppose to send me an itemized bill. So they got away once already without sending me one and are now mad that I am asking for a Nebenkostenabrechnung for 2017
  10. Omarosa had a $179K job at the White House. Shows how low the White House has sunk. 
  11. Stagg electric acoustic guitar for sale. Not sure if electric mechanism works. Needs new strings, badly I think it would have a very nice rich tone w new strings. Excellent action on the neck, great for beginner players or those who want to graduate from nylon.  I paid=70 euro for it, no case,  will take best offer. Traveling and sick of lugging it around really. Pm/ whatsapp: 1 717 574 7516 for pics/details Thank you
  12. Permanent residence and citizenship

    You do not specify location in profile. So, you need to be resident in Germany for a certain amount of years.  Google for Immigratiton / citizenship lawyers?? check forum for legal threads.
  13. Post forwarding works well. We used it to a holiday flat, then to a family member's home, and then to our place. But, you need to allow 5-6 days, so start it before you move!
  14. Your landlord is indeed supposed to give you a nebenkosten abrechnung showing your portion of utilities in that building . Heat tends to be calculated partially depending on your use and partially according to your sq. meter percentage.    Do you know your meter numbers and did you read them when you moved out?  Most apartments in Germany are rented out with an estimated monthly allowance for nebenkosten but at the end of the year, you find out if you owe or get money back.   The landlord has one year after the end of the year to give you the statement.  Hence he can not charge you now for 2016 and earlier because the time limit has passed.  He can change you for 2017 this year and in 2019 he can charge you for 2018.  
  15. Freelance and tax stuff

    I remember the name of the tax software, it was mentioned a couple of days ago: SteuerGo
  16.   Thanks Lisa.    
  17.   nono - I'm sorry I wasn't more clear.  I wasn't attributing that to you.  It is a very good counter reflection of the German bashing and I think it illustrated the point very well.    I was running with the fact that it IS annoying as hell to hear oversimplified nonsense like this
  18. Wouldn't they mention it with big clear letters if they offered this kind of bonus for number portability? Mobile phone operators do, including the big ones and small virtual operators.
  19. Service, lisa? Not in the UK! http://www.thefawltytowersguide.co.uk/fawltytowersquotes.htm Ok, old series but there´s a moment an American guest ( couldn´t find the exact scene on Google ) takes back his order for a fruit salad because he´d been waiting too long and Basil´s wife ( I think ) says she can´t because the chef had already opened the can!
  20. @lewton   whilst everything @sneaker said about the common practise of transferring numbers between providers is correct one other point to bear in mind is that the regulator for all forms of networks (including telephone, internet, electicity, water, gas, rail, high voltage, etc.) the Bundesnetzagentur has, since number portability became a technical possibility, always accepted the principle that the old provider has the right to make a 25€ service charge for the porting of any number from their allocted blocks.   In practise the old providers always add this charge to their departing client accounts. In order to equalize this factor when marketing to new clients it is the practise of all providers to offer new clients a 25€ bonus for porting their old number to the new poviders network. However it is possible that this bonus may not appear until the account has been in operation for some months.   To be sure of being able to get that credit acknowledged in the event of a future accounting error it is a wise precaution to seek out, (and retain copies of !!) the currently actual contractual references to 'nummer porting' in the new providers AGBs (T&Cs) or in any of the tiny small print in their marketing literature or their web advertising.   2B
  21. Hi all. So I’m having an issue with my landlord. I no longer live in Germany and have been contacted saying I owe them money for utilities. It seemed like a fairly large amount so I contacted my father as he is German (he no longer lives in germany though) and he said my landlord is suppose to supply me a Nebenkostenabrechnung this is an end of yearly contract itemized bill showing the breakdown of all utilities... it should then state if they owe me money or I owe them.   I then requested a Nebenkostenabrechnung from my landlord since in the years I lived there I have never received one and they are simply refusing to supply one. I’m now getting rude emails in capital letters yelling at me and telling me it’s not their job. They also said they should not have to itemized a bill as simply scanning and emailing me the bills the utility companies sent them should be enough.   I paid my landlord a monthly allowance for utilities. They are also trying to make me take responsibility for the outstanding bill and saying I will also have to pay the late fees because they are not paying the bill (the bill is also not in my name) but I will not be paying anything until I get a “Nebenkostenabrechnung” so I can see all the figures.    Is there anything i can I can do about this? It’s getting beyond ridiculous and their attitude is horrible and immature and I’ve honestly had enough! 
  22.   I agree that american style service can be hard to stomach.  But I'm about sick of the interpretations of "what it all means".  The very simple truth is that americans generally like and EXPECT to have their asses kissed by service personnel (this expectation increases with the cost of the service) or they are mightily offended.  Given the fact that actual servers (waiters/waitresses, even bellboys, cleaners, etc) rely totally or even largely on tips instead of salary, the ass-kissing effort is somewhat understandably ratcheted up.  In the same way a visitor doesn't "get" why they do that, they don't "get" why you would not want them to do that, and they err on the side of...trying to make a living.   Fine - it doesn't match your taste.  But calling it "fakery" is just...not really capturing what's going on.  I hate it, and it does put me on edge, but writing american behavior off as "fake" is really getting old.  It's different.  Leave it at that.   eta:  equally sick of painting Germans as "rude" or whatever.  Whatever!
  23. Hm, Emkay implies the driver was ok about it and accepted liability. Maybe a person to deal with informally ie don´t bother the insurance..how much do I owe you? Avoids complex processes.
  24. Welding gas around Stuttgart?

    Try your local DIY store - Obi and Bauhaus seem to advertise dealing in various types of gas bottles.
  25. What's got you flummoxed today?

    https://fablesofaesop.com/the-farmer-and-the-snake.html Cool, Answer!
  26. I bought a used MIG welder with an empty tank. Is there any chance of finding a store to fill it on a Saturday? I could use it this weekend. CO2/Argon mix.
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