Lenny Nero

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About Lenny Nero

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  • Location Haidhausen, Munich
  • Nationality German
  • Gender Male
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  1. Looks like a lawsuit waiting to happen re the confusing similarity of the user names optimista and Optimalist. Let me know if you need a lawyer...
  2. Landlady not replying to termination

    This is what Section 573c of the German Civil Code states re notice periods for rental agreements: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p2569   As Namu stated above this means that if the notice period started on July 1, it ends on September 30.   In light of the landlady's WhatsApp message it might be difficult for her to successfully claim that this email notice did not meet the formal requirements of a written notice. And it will also be difficult to insist on a written notice in case the address of the landlady is outdated and no new address is provided to the tenants.  
  3. Non-compete compliance verification

    If your customer is ready to confirm this statement you may have good chances of sending a cease-and-desist letter to your old employer, requesting that they never misinform any of your customers again about such non-existing non-compete. Such letter is usually combined with a contractual penalty of xxxx EUR payable to you for each and every time they violate this cease-and-desist commitment. In case you actually lose customers because of this you can also file a damage claim for lost business against your former employer.
  4. Pause Mcfit Membership

    They want to refund your monthly fees at the end of the lockdown ? This will only work if they are still around to do so - i.e. if they have not filed for bankruptcy. And if they remember their promise... Why should any member carry the risk of their insolvency ? They can deal with their landlords in order to reduce their monthly cost. They can file for Kurzarbeitergeld for their employees. And postings on a company website have very limited meaning. They could post that your membership triples during the crisis - which would have no legal meaning whatsoever. Finally, should they have related terms in their General Terms and Conditions: Not all terms in general terms and conditions are enforceable. Look at Sec 309 BGB for a few non-enforceable terms. Hint: Sec 309 Nr.2 a) might apply in this case.