blueballade

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Posts posted by blueballade


  1. In case anyone is curious about what the lawyer from the Mieterverein told me, he basically confirmed what many people have said here. The landlord has no evidence to prove that I caused the damage, so he can't do anything. He is not allowed to take it out of my Kaution either because it's outside of my apartment. He hasn't bothered me since I replied to his email. We're moving out in a month. Fingers crossed that everything will go smoothly and I can get out of here for good.

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  2. 11 hours ago, knotheadusc said:

     

    I don't know your landlord at all, but it's likely he is not nearly as stubborn, money hungry, and off kilter as our former landlady was.  Most reasonable people don't want to go to court because of the cost and hassle of it.  

    Thank you for sharing your experience. That makes me feel better. After seeing so many horror stories about landlords on TT, I was starting to fear the worst.

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  3. 1 hour ago, knotheadusc said:

     It was satisfying to win, but the process took about two years from the time we moved out until she finally paid.  It was pretty nasty.

    Now I'm wondering, what happens if I have to leave Germany while such a case is still in progress? I'm already mentally preparing myself since it seems likely that I'll have to sue my current landlord over the Kaution, but I may not be in Germany anymore in two years.

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  4. 1 hour ago, Chelski said:

    Note: Without going into details I was accused of something (by a mad fucking German) a couple of years back. First it would go to Family Court and then Criminal Court. Yes, it was all bullshit, but very distressing bullshit. I had a very good lawyer holding my hand and keeping me from freaking out. The Family Court case was scheduled for 2 hours but it lasted less than 20mins when my lawyer presented contradictory evidence to the narrative of the complainent's Police statement. The Judge found for me, charged all costs to the complainent and suggested they drop the criminal charge, Which they did the next day.

     

    German's are weird. Eventhough I married one.

    My gosh. I'm glad you won, but that sounds stressful as hell. 

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  5. 55 minutes ago, DoubleDTown said:

    Maybe by "lawyer on Monday" the OP really means "Mietverein" ? 

     

    Actually, yes. The lawyer is from the Mieterverein. The consultations that they offer are with lawyers who work there. I also purchased legal insurance through them, but I'm hoping that we won't have to go that far. After the consultation, I'll share what they tell me. The same landlord has received an email the Mieterverein sent on my behalf about a different issue before and just straight up ignored it.

     

    I did reply that I was in Munich on the alleged day and have proof thereof, but maybe I should have withheld that information. Now he can try to claim that he remembered wrong and it was on a different day. Either way he still has no proof, and I'm forwarding his initial "notification of damage" to the lawyer.

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  6. Last night I had a pretty nasty visit from the landlord of the flat I'm renting. He showed me that a corner of the granite on the doorstep outside the building has been knocked off, and he's sure that I did it because "we saw you drive up to the doorstep the other day and no one else drives here". This is nonsense because there's another neighbour who parks inside and drives past the doorstep on a daily basis. Occasionally postmen pull up there too, not to mention the landlord himself also parks just outside the door.

     

    We checked the car together and didn't find any scratch marks (I took some photos of it today), and there's no camera footage showing anything, so he has nothing to back up his claim. But he's insisting that I pay for damages because "I cannot prove that I didn't do it". I'm going to contact the Mieterverein today. What would my best course of action be? I'm worried that the landlord will try to get some outrageous estimate and take it out of my Kaution if I don't pay up now. Should I just try to de-escalate and pay with my Haftpflichtversicherung, even though he has no proof that I did anything?

     

    Thanks in advance! 

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  7. 16 hours ago, RedMidge said:

    Have you been a member of the Mieterverein for longer than 3 months?  If so, their lawyer can advise you in this matter, send a letter to the landlord etc. They are your best resource.

    Yes to both of you. I joined at the beginning of the year, so it's been more than 3 months. They agreed to write a letter to the landlord. We'll see how that goes. They only do consultations in German though, so some of the nuances they're telling me may be lost in translation.

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  8. Hi all,

     

    I moved into an apartment in Bavaria last October. My rental contract has a clause saying that I cannot move out within the first 12 months, i.e. until the end of this September. I showed the contract to my local Mieterverein and they said that this clause is "most likely" invalid because for a fixed-term contract, the landlord needs to either give a specific reason for it or explicitly say that it goes both ways (the landlord cannot kick me out before October either). I recently looked for a new apartment to move into because my current landlord is an absolute nightmare (he's sent some pretty nasty emails in the past accusing me of random things, like parking in a spot he himself once told me I could use). The new apartment I found has an early move in date, but it was a nice place, so I signed it. At the end of May, I sent my move-out notice to my current landlord by Einschreiben, stating that I intend to move out on August 31. He sent me an email later saying that he got my notice, and that he would only waive my rent for September if he can find another tenant to move in on September 1.

     

    What would happen if I insist on moving out by the end of August and don't pay rent in September, citing what the Mieterverein told me? Could the landlord deduct my rent from my Kaution or sue me over it? I do have legal insurance through the Mieterverein, but it would still be a pain.

     

    Another complicating factor is that there are two landlords on my contract: one who owns the place and I pay rent to, and another who signed the lease and handles all communication with me. I only sent the notice to the guy who signed my contract, but the Mieterverein said this might give them some wiggle room to argue that I didn't address my notice to both of them.

     

    Any insight or advice would be appreciated. And knowing this landlord, he'll probably try to screw me over with the Kaution regardless. Is it necessary to have a lawyer do the final walk-through with me?

     

    Thanks!

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