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Hi everyone, I have an uncommon situation regarding rental of property. The background was about a fixed 3-year contract that I signed (a contract that I was tricked into). My German was not good and therefore when the landlord said it was a flexible contract with a notice period of 3 months that I could terminate at any time, I trusted it and did not go through the terms and conditions in German. I suspect that my lack of language skills is not an argument from legal perspective since I should be responsible for my own negligence when signing the contract. In less than 1 year of moving into the apartment, my personal situation had changed as I was moving abroad for at least couple of months for job reasons. Upon agreement with my landlord, we proceeded with early termination with 3 months notice with me demanding the contract ending on 31 Dec 2019. For that, I sent a termination letter - 'Einschreiben'. We agreed on the apartment hand-over date, signed the 'Wohnungsübergabeprotokol' (the apartment hand-over protocol), and then I gave back the keys to my landlord. In light of all these activities, I had no doubt that, upon our mutual agreement, the contractual relationship ends on 31 Dec 2019. I made all the payments of rent on time and up front also for the two months when I do not live there anymore, as I moved out in Oct 2019. She had the apartment empty from Nov to Dec, which she could show to prospective tenants. We agreed also as apart of 'Wohnungsübergabeprotokol' that she pays back the deposit by Dec 2019. Now fast forward to Mar 2020, when i requested the deposit which my landlord had not paid me yet, she requested my payment of rent for the rest of 2 years, saying that our contract is still valid. This seems abnormal for me, because she already took back the apartment and signed the 'Wohnungsübergabeprotokol'. I am also no longer in the city where I rented the flat, since I moved for a new job in a different city, therefore this is no way that I continue with renting this apartment. I would very much appreciate the advice from the forum here. Much thanks!
Dear TT, Not sure if this is the right place to ask, so be kind if elsewhere is needed. I'm the main tenant of a new office space and in the process of finding a number of subtenants to use the space with me. I've been given permission by the Landlord (Untermieterlaubnis) to sublet the place, while remaining main tenant - so it's all legit. While working on drafting up the subletting contracts, I read online that asking for a deposit (Kaution) from each subtenant would mean I need to open up a separate account for these for the duration of their lease. It seems like a lot of work and additional hassle - and ideally, I'd like to find a way to make this process as easy as possible for myself, while still abiding by regular practice and regulations. My question is as follows: - What is common practice when it comes to managing deposits from multiple tenants? Is one supposed to open up a separate account for each? Would depositing them all together in a separate savings account of mine work? - Alternatively, am I allowed to 'not' ask for a deposit (to thereby circumvent additional administrative work for myself in terms of managing these funds)? Is there anything I could put in the contract instead to bolster up my safety? Thanks for your thoughts.