lewton replied to fredadi's topic in LegalHi, just to add, that my landlord also wants to charge me 50 euros for "Verwaltungsaufwand Schadenbeseitigung/Ersatzbeschaffung ". This also sounds illegal as it's supposed to be part of this job as a landlord, but is this case? Can someone please show me where the law says that it is illegal?
lewton replied to fredadi's topic in LegalHi all. My ex landlord sent me a very stupid final bill after I moved out, demanding that I pay for various things (from the deposit, basically he didn't ask for money, he asked me for my bank account so that he can send me back the rest of the deposit minus these costs). I am going to contest some of these things, so I thought to ask for help. 1. He says that 3 hangers were missing after I moved out. I am not interested to contest that (they were not missing but not the point), but he claims that he paid 10 euros each for 3 new hangers. Therefore I have to pay 30 euros. 2. I accidentally broke one of the plates of the apartment (it was a furbished apartment so the plates belonged to it). I offered to replace it but he never answered to this offer. Now he claims that I have to pay him 240 euros for the new set that he bought. 3. This is actually true as I had stepped on the couch trying to reach the curtain rod and one of the legs gave in. Anyway he claims costs of 105 euros for fixing the couch. This I don't want to contest as my liability will probably pay for it. But I need a receipt. So, I spoke to my legal insurance, but unfortunately they cannot support me legally (in court or writing letters for me) with this case as I only acquired it a few months ago and the tenant support (against landlords) has not kicked in. Still they offered me free advice on the phone. Referring to points 1 and 2, they told me that according to paragraph 548 of the Civil Code, the landlord cannot charge me the cost of buying new items to replace the ones I broke. He has to prove the cost of buying the original items and has to charge me the value today (if the items are really old he can't charge full price). This means that instead of paying 240 euros for the new full set, I would have to pay the price of the one plate that I broke, amortized over their lifetime. Is this correct? And if yes, does someone have a link to the law that states this so I can use it in my letter to him? Referring to point 3, is it true that I can demand that he sends me the receipt for these 105 euros, so that I can send it to my liability insurance? Again, if someone can point out to me where the law says so, that would be great. Thanks in advance.