PratikGermany

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About PratikGermany

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  • Location Aachen
  • Nationality Indian
  1. Problem landlords and rental deposit returns

    Haha, will probably have to wait till December then
  2. Problem landlords and rental deposit returns

    Further, there is a kleinreparatur Klaus in my contract, how does that affect one?
  3. Problem landlords and rental deposit returns

    Hello everyone, My case is not yet resolved and I am in touch with a lawyer. However, please could you could shed some light on what is the exact procedure a landlord must follow while claiming damages, both during the tenancy and after the tenancy (i.e. while deducting from deposits) ? Also, do they have a free hand in deduction or they need an agreement with the tenant? Thank you
  4. Problem landlords and rental deposit returns

    Haha, the sloppiness is probably a form of overconfidence I guess. I am not German, nor white, nor do I have great German language skills. When I moved into the flat it was my first time ever in Germany, and 5th day overall in Germany and I am a student as well. The landlord knew all of this. I don't wish to make any accusations or assumptions, but this combination of circumstances makes me seem especially vulnerable and gullible and may be he is trying to take advantage. Again, I don't wish to assume anything, because I have met some of the most helpful, generous and welcoming people in Germany as well :) 
  5. Problem landlords and rental deposit returns

    Yes, on closer inspection of the section, I do agree with what you are saying. I even read a few other cases online where the same thing has been written as what you have mentioned, claims being offset. But then he has not given me any reciepts or proof of payment for repairs. Further, there is no Ubergabprotokoll for the move in. Also, most widely accepted timelines for deposit return are 3-6 months but there is nothing clearly mentioned in the BGB, so I am not sure the LL is automatically in default if he crosses the 6 months limit. Most lawyers charge around 200 Euros for consultation, so this claim does not seem worth pursuing through lawyers. However, I also read that once a demand is made, and not complied with, the other party can engage a lawyer to protect their interests and make the other person bear expenses.    The Mietverein looks like a good option at the moment. I will give it sometime and see what other options are  
  6. Problem landlords and rental deposit returns

    Hello @lunaCH , and what about the lock that they claim i have damaged? There is absolutely no documentation of it, only verbal
  7. Problem landlords and rental deposit returns

    But isn't the burden of proof on the landlord to prove damages? Especially in this case where there is dispute regarding who is at fault
  8. Problem landlords and rental deposit returns

    @jeba thank you for the corrections. There was no Ubergabprotokoll when I moved in, so I meant Einzug. When they told me about the window damage, I told them it has been there since I moved in. They did not belive me and said, "you live here so you are responsible for all damage"
  9. Problem landlords and rental deposit returns

    Hello @jeba @fraufruit @Namu and other native German speakers and experienced members, Please could you have a look at this letter and point out any mistakes. Also should I send it via regular mail or registered?   Thank you      
  10. Problem landlords and rental deposit returns

    Email may not work Einwurf Einschreiben from the Post office
  11. Problem landlords and rental deposit returns

    Thank you, I will do this and post what the outcome is
  12. Problem landlords and rental deposit returns

    @jeba thanks, do you think writing a letter like that opens me up to any legal action? I mean, if I point out the six months clause, does that mean I accept that the damage was done by me? I have had an uneasy feeling from the day I gave LL my three month notice.
  13. Problem landlords and rental deposit returns

    @Space Cowboy yeah, I figured that reading all the posts here. What do you advice in my situation, can i get the money back?
  14. Problem landlords and rental deposit returns

    Hi @jeba , no he did not. I moved out on 31 march and he kept dodging my messages. He responded only after i sent him the registered mail with a fixed date to payback. Instead of waiting for me to go through all this effort, he could have told me upfront that these are the deductions he wishes to claim. This letter (dated 9 Oct) is the first time he has claimed damages
  15. Problem landlords and rental deposit returns

    Hello @fraufruit thank you for the response. No he hasn't sent anything other than this letter and the 390 Euro transaction made into my account