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  1. Landlord Deposit and Contract Issue

    Hello everyone,   I was wondering if I could try and get some advice/ideas from the community regarding an issue I'm having with my deposit on a flat I've been renting in Bavaria.   We have recently told the landlord we plan to move out, giving him the agreed three months notice and we will be gone by the end of March. In the meantime I still will pay two months rent (totalling 1,700 Euros).   We recently met with the landlord to discuss moving out and that is when our problem started. When we first moved in over five years ago the apartment was owned by someone else, and he was our landlord. About eighteen months into living there the old landlord sold the apartment to the current landlord and he took over our tenancy and raised the rent by fifty Euros which we agreed to.   When this changeover occurred we signed a new tenancy agreement with the current landlord. I have copies of both the agreements for the two landlords still. The first one mentions the 1,950 Euro deposit we handed over to the original landlord, unfortunately the second one does not. At the time we mentioned this to the current landlord and he told us he had the deposit now and would give it back to us when we eventually moved out and we took him at his word (stupidly). Unfortunately we never got anything in writing about this which is certainly our mistake, (I think because we were just relieved that we were staying there as the new landlord had initially told us that his plan was to move us out and try and offer the flat to the government for refugee housing).   Anyway now the current landlord is telling us he never received the deposit from the previous landlord and as far as he is concerned we never paid him a deposit. Our original contract with the first landlord mentions the deposit however. Our current landlord wants us to take out some sort of insurance so that when we move out he can claim against our insurance for repairs that he wants to make (which I am pretty sure is insurance fraud). In addition he still expects that we paint and restore everything (as agreed in the contract admittedly) even though he has no intention of giving any of our deposit back. So not only will it cost me my 1,950 Euros but also all the time and money to put the apartment back to ship shape.   So I was wondering what you think my options are. I have been trawling the other posts on Toytown and I can see that I am not the only one to have landlord issues. I did find one post where someone mentioned that a new landlord is bound to the terms and conditions of the original contract, but I can't find it anymore.Is that true? A few other things of note;   - I am pretty sure none of our rental agreements are above board. The contracts have just been made up by the landlords themselves and we never put the deposit into a third party bank account like you have to do in the UK (and from reading other Toytown posts about this it seems like this should also be the case in Germany?) - The second landlord originally wanted to evict us to try and rent the flat to the government but I am quite sure that the reason that this didn't happen is because the apartment failed the inspection for housing (it's a great apartment but there are definitely multiple shortcuts in the construction, it was previously burned down and I think rebuilt on the shady side). - Both of the landlords are Turkish, I didn't know that this was/is an issue, but my German wife seems terrified of this fact and seems to think this is reason alone to let the (my) 1,950 Euros go. - Our current landlord says the old landlord is in the wind and cannot be contacted. I have found him on Facebook however and sent him a message asking if he ever transferred the deposit over, but so far no reply.   I am not a member of the Mieterverein (I had never heard of the Mieterverein until I started to read all the other posts here) either. Can I still contact them for assistance?   Once again any help/advice is greatly appreciated.   Thanks!