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About lebenundlieben

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  • Location Düsseldorf
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  1. Fristlose Kündigung for non-paying of usury rent

    The other lawyer, Mietervereinns one, wanted me not to pay and instead issue a counterclaim when she submit  a request for eviction.
  2. Fristlose Kündigung for non-paying of usury rent

    That is also something problematic, as she claims she depends on that rent to "survive". Then I cannot offset my claim against the rent as it would jeopardize her "survival".   She owns the aparment I am renting though, so to claim that she is destitute is a bit of a stretch in my opinion.   Could they order her to sell the apartment to cover the debt? I reckon by the time the matter will be dealt with in court, her debt will come up to some 15 000 euro.  
  3. Fristlose Kündigung for non-paying of usury rent

    I hired the lawyer now to sue her for overpaid rent. He advised to pay what she demands of me "under Vorbehalt" which I did. I will submit a Klage but I am worried that she will claim that she spent all the money and is destitute. She already used this argument through her lawyer  earlier. She claimed she was "disabled" and in early pension and therefore was "destitute". She spent the money on her living. She also has a teenage daughter. Is it possible that a court will allow her not to pay?
  4. Fristlose Kündigung for non-paying of usury rent

    LOL, OK. . Sorry, I did not chose the right words and made everyone confused.   I meant of course "fair" in the legal meaning, according to §5 WiStG. It says that the rent must not be higher than the regular local rent according to Mietspiegel plus 20%. Otherwise it is a Verstoss.      
  5. Fristlose Kündigung for non-paying of usury rent

    What did I not get? I think someone is making too many assumptions here about other people here. Of course I know that my situation is serious but it doesn't mean that I am in wrong.   There are certain actions that a tenant can by take by himself, completely lawfully, to set a press on a landlord who does not comply with the law. For example, it is perfectly legal to withhold the advance payment of Nebenkosten if the landlord did not provide the Nebenkostenjahresabrechnung in time. One does not have to always go through the court to get justice, or even have a lawyer for that purpose. The best thing is to settle your problems outside court which is what I am trying to do within the limits of the law. I did not take "law in my hands" more than this law allowed me to.    
  6. Fristlose Kündigung for non-paying of usury rent

      I did not give my case to Mietverein from the start, I tried to contact my landlady in writing myself. Mietverein was not very helpful either. After they received my termination they booked a phone time with the same lawyer as before, the one who let me down, and he cancelled it saying that he will communicate with me via email which he did not do. I was expecting him at least write to me and explain to me what next step he was planning to take.    When he did not email me, I emailed him myself and said that I rather write an objection to temination myself. Then he replied and said that he wanted to wait for them to apply for eviction and then do something - obviously wants to earn money by letting it to go to the court. I rather setlle it out of court but he has an opposite goal. 
  7. Fristlose Kündigung for non-paying of usury rent

      Thank you for your answer. I am so sorry to hear about your tenant problems, it is always good people who have bad luck, it seems.    I did not stop paying, I just started paying the fair amount which I also informed her about in a letter. I suggested her to accept that or suggest another amount. She did not reply. Also did not send me Nebenkostenabrechnung even though I asked her several times.    She only reacted several months later when the lawyer from Mieterverein sent her a letter with requests for nebenkostenabrechnung and overpaid rent back. Then she went to a lawyer helself and replied me. She justified her high rent with the expensive furniture which is a lie because it is not expensive at all. She also provided the nebenkostenabrechnung according to which she owed me some 300 euro.    
  8. Fristlose Kündigung for non-paying of usury rent

    I did pay the rent, more specifically the amount that was established in our local Mietspiegel for this kind of apartment, plus 20% on top.  The landlady though demands the whole amount as it was set in the contract originally, which is 75% higher than the one in Mielespiege and constitutes Mietwucher. As soon as I discovered that the rent she asked was illegal, I sent her a letter where I explained it and said that from that moment I was going to pay her rent in accordance to Mietspiegel, plus 20%.
  9. Fristlose Kündigung for non-paying of usury rent

    Yes, that is exactly what I meant. My disadvantage at the time of search was that I could speak very limited German, did not understood so well plus had phobia for calling on the phone to unknown people. So I preferred short messages where I presented myself and asked for viewing.
  10. Fristlose Kündigung for non-paying of usury rent

    I am sorry, maybe I was not clear in my story.   When I signed the rental agreement I had no idea that there was a rental cap in this city and that such thing like rental cap existed in Germany at all. When I complained that the rents were so high in this city on the viewing with my landlady, she said it was normal for that part of Germany.   I first discovered there was a rental cap and strict regulations on the rent market when I started investigating what to do when she did not provide me the Nebenkostenabrechnung and started behaving dishonestly. Then I discovered, by reading related material, that there was such thing as rental cap and other rental market regulations. I just assumed that the landlady was honest with me from the start. When I found it out, the advice was to send her a letter about it immediately, otherwise it would be interpreted as if I accepted the illegal rent.   I hope it clarified things.
  11. Fristlose Kündigung for non-paying of usury rent

    Sorry, I mean email letters of course. Or rather messages of interest through those immobilien-sites.
  12. Fristlose Kündigung for non-paying of usury rent

    A little bit, but I gave up after a while because noone answered my interest letters. This one is not ideal but it is OK, only the high rent is the problem. I also have social phobia, it is not easy for me.
  13. Hello everyone. I really would appreaciate your help and advice, the whole situation is rather stressful to me.   Three years ago I moved to Germany for work to a rather big city in the south west. I did not know anyone and I did not speak much German. Finding an accommodation was hard, no one replied to my letters of interest and I was desperate. I lived in AirBnB for a while but then I found a furnitured flat which was rather expensive. It was a one room flat of 36 m2 with rather simple furniture. I had no other choice than to take it, and when I asked the landlady why it was so expensive, she said that this was a normal rent level in that city. The rents on immobiliescout24.de were indeed quite high and it was also September, a lot of students arrived to study at the local university.   After about two years, I discovered that the high rent I was paying was illegal. The city was designated by the land as an area with high accommodation demand, and there was a Mietspiegel that clarified what rent levels were legal. I found it out by chance when I was researching what to do when my landlady did not want to give me Nebenkostenabrechnung for the past year. When I calculated the rent accoring to that Mietspiegel and added an estimated surcharge for the furniture, I saw that she was charging me ca 75% more than was allowed. I was shocked.   I sent her a letter, einschrieben, explaining my findings and said that from now on I would pay on the the rent that was legal, I also added some 20% on top of it. I aslo asked her the overpaid rent for the previous two year back, it was around 6000 euro.   She did not answer on that letter. Neither did she provide a Nebenkostenabrechnung even though it was long overdue. She sent a screenshot of the last page of it via Whatsapp where it said that I overpaid it and should receive ca 300 euro back. She did not pay me that money though and went underground, she disabled her email.   Desperate, I withheld the rent for one month to force her to communicate with me. Nothing happened. I continued paying the reduced rent and withheld Nebenkostenvorauszahlungen as a means of leverage to provide me with the Abrechnung.   After another three months I contacted Mietverein where I became a member immediately after I discovered the problem. The lawyer there was rather useless but I managed to get him to write a letter to her with the same requests - give me the Nebenkostenabrechnung and overpaid money back because she violated  §5 WiStg.   This time she obviously paid attention. She contacted a lawyer herself and they wrote me back that the rent was not too high because the aparment was furnished. They did not present any calculation or receipts to confirm the worth of the furniture at the time of the contract signing (she never did any übergabe with an inventory list either).    Then they went on with irrelevant things like she needed the rent to be that high to cover her daily expenses etc. She also said she could not pay me money back because she spent it. Apparently she was in early retirement due to her health problems and dependent on that rent.   All in all, they said the rent she asked was legal and told me to pay the money that I reduced my rent with the past few months.   Then they told me that my landlady indeed sent me a Nebenkostenabrechnung long time ago, which was a lie. They have not presented any proof of it. They attach the copy of the Abrechnung this time, but a proof for Grundsteuer was missing. They ordered me to pay all the anxiliary costs that I did not pay so far, but did not say anything about her paying me back what she owed me according to the Nebenkostenabrechnung.   Again I was stunned. I asked Mietverein's lawyer to reply them and ask for the proof for Grundsteuer amount and a calculation of the cost of the furniture. I estimated the furniture to be worth around 2500 Euro new (even though it was not new), then took 2% of it, as adviced in the case  law, and came to 50 Euro as a surcharge. She charged me 285 Euro.   Mietverein's lawyer promised to write to the other side, but he never did. Now, two months later I received a fristlose and ordentliche Kündigung for my rent lease from the landlady on the grounds that I owe her at least two rent amounts. She asked me to surrender the keys and the flat within a week and pay what she thought I owed her.   At this point my Mietverein is very passive and their lawyer is hiding from me, not answering my emails or phone calls. I feel that I have to do everything myself. My question is then - how and within what time period do I have to object fristlose Kündigung? What are my chances, can she still evict me? It feels very unfair because she is in the wrong but it is me who is under threat of being homeless. It is very stressful for me, I am a long sufferer of anxiety and it really tears me apart.   Many thanks for your help in advance.