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About HerrRing

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  • Location Berlin
  • Nationality Armenian
  1. Most often the contract demands to paint on move out, because the apartment was "just painted" before the current tenant. Does the landlord have to provide a proof of such claim? The renovation could have taken place much longer ago and just held up well. If tenant stays in the place for more than three years and there are no visible signs of wear and tear does he still have to renovate? What happens if the flat wasn't freshly renovated to begin with and didn't look like it was, but the contract claims renovating when moving out?
  2. @SmurfLee, the situation is purely hypothetical. So far I've been spared the need of going round neighbors warming them up on any occasion. Looks like they would be right to complain according to the house rules though, even though it might seem morally wrong.
  3. Suppose, the Hausordnung says no playing instruments after 20.00 pm, Ruhezeit after 22. I practice acoustic guitar between these times, fingerpicking, halfheartedly. It's probably much more soft than a TV on middle volume when watching a blockbuster, or playing records not too loudly. Will the neighbors have the right to make complaints if they are able to hear it?
  4. Legalities of apartment repainting on moving out

    Hi all! I just can't figure out if the tenant has to paint walls etc in the following cases (for both the contract contains a valid clause demanding "Schönheitsreparaturen" when moving out, and the landlord demands a repair, of course)   a) the flat wasn't in a freshly renovated state in the beginning of the lease, which was photographed and noted in a protocol, some minor wear and tear damage was added. Supposedly the tenant could be held liable for the part of the damage he incurred to return the flat in the same state he got it. On the other hand, it is impossible to not repair the whole flat which would make the condition better than at getting the flat.   b) the flat was freshly painted to begin with, five years, which are a reasonable time to renovate after, have passed, but the tenant has managed to keep the walls stain/scratch free. b2) by that time the whitewash has started to crack for example or the wallpaper is peeling (which could clearly happen if the flat remained empty). The problem here is that the landlord knows for sure renovation took place sufficiently long ago to demand repairs, but the tenant with unprofessional eye has no means to figure out whether it has held up well up to his arrival or maybe the work was poorly done.   Help will be much appreciated!
  5. Sorry, doing dirty work for free or wasting my money on it when the previous tenant was expected to leave it as clean as I am doesn't scream "grown up" to me. As well as your useless rude post.
  6. I've rented quite a few furnished apartments in Germany and all of them had the same cleanliness issues. From what I've seen while looking for an unfurnished accommodation, flats with EBK are no different. The insides of the fridges, ovens, kitchen cabinets, microwaves are disgustingly dirty (with what most often looks like years worth of food remnants/stains).   The funny thing is the contracts for the very same furnished flats demand 100€ or more on the final cleaning (in case the tenant doesn't do the cleaning himself). And the owners are always more than meticulous to check everything up to the dust on top of the cupboards, needless to say, the insides of the kitchen are being checked as well. Is it just that if the previous tenant opted for paying there is no need to check after the hired "professional"?   I guess there is no point in arguing about the cleanliness before signing the contract, otherwise you just don't get it. (Which may contain a point that the apartment was clean when visiting it).   Are there any ways of ensuring not having to hand the apartment back in a cleaner state than it used to be? Ensuring the money paid for cleaning doesn't go straight into the landlords pocket? Or even not having to scrape the nastiness off or pay someone to do it?   The contract usually states on move out flat has to be clean or "besenrein". What does it mean after all? From this https://www.juraforum.de/lexikon/besenrein it looks like food remnants specifically must be removed. The question is whether dirt and grime (which is difficult to remove and most probably consists of food remnants) should be removed as well as possible or is it enough to also "broom" it like the floor so that there are no crumbs size of a bread heel?   On the forum I came across advice to take photos as soon as I move in. Is insisting on making an Uebergabeprotokoll on moving in possible? Will these measures be of any help? Looks like if the contract states you've seen it clean when visiting and it must be clean on handing back there is little one can do.   Success stories are most welcome.
  7. Buying out furniture as a Nachmieter

    @generalmartok, thank you so much for the helpful reply.
  8. Buying out furniture as a Nachmieter

    The question is whether such a contract (buying under the condition of becoming next tenant) will have any legal power. For instance one can write in the contract that the tenant is obliged to paint the walls after X years and that would be useless (afaik). Call me paranoid, but after some tricks that owners tried to pull on me (almost laughable as well), it occured to me that someone could try this one out of pure hope that if the sum is not too big no one will bother to go to court over it despite even having a legal insurance.
  9. Buying out furniture as a Nachmieter

    Doesn't the Nachmieter become the main tenant after he signs the contract with the owner? Or do you mean it would be better to just buy my own flat? Sorry, can't afford that. I wasn't asking about sublet, which I guess would be called Untermiete instead of Nachmiete. Selling the kitchen at least seems to be quite common, that's why I am asking for advice from people who got some knowledge on how it is done.    
  10. So I've come across a few flat listings where the place and pricepoint seem to be good but the current tenant is demanding his old furniture be bought for some clearly excessive sums of up to 5000€ for some IKEA furniture and a prehistorical kitchen.   Can anyone give detail on how the process is organized?   Do the parties sign a contract which states that the candidate is obliged to buy the furniture but only in the case that he is approved as the Nachmieter by the owner? Should such contract be signed before the current tenant suggests the Nachmieter to the owner?   What happens in three months if no such contract has been signed? Does the old tenant just automatically lose the flat or he can reclaim it if the Nachmieter refuses to buy the furniture?   If any part of the contract changes, does it make the tenant a new tenant instead of a Nachmieter? How is making the new person buy furniture handled then?   In case the kitchen is being sold how to figure out it's not the one that came with the flat?   Lastly, is it considered the norm to ask for price justification e.g. receipts and items' age/origin or it is considered offensive and you can forget about getting the flat? Is it ok to bargain?