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Found 18 results

  1. Hi   I've had a good look through the forums here and have seen a lot of posts about Waldorf Frommer but I couldn't really see any that are exactly the same. My friend received this letter recently (attached). She has previously received other letters from WF but has ignored them and since she's been out of the country for a year she didn't see a letter about going to court. From my understanding it seems like they've taken the case to court and it's been decided on, but I'm not sure if that's true. The part which is worrying is the "die gerechtliche Auseinandersetzung wurde abgeschlossen".   Can anyone advise on if and how we should respond? If she ignores this letter will it become a criminal case or will they forcefully take the money from her account? It's got us both really worried. Is this just further scare tactics?   If I'm posting this in the wrong area please let me know, I'm new to the forum.    Thanks, John.
  2. Most often the contract demands to paint on move out, because the apartment was "just painted" before the current tenant. Does the landlord have to provide a proof of such claim? The renovation could have taken place much longer ago and just held up well. If tenant stays in the place for more than three years and there are no visible signs of wear and tear does he still have to renovate? What happens if the flat wasn't freshly renovated to begin with and didn't look like it was, but the contract claims renovating when moving out?
  3. I've rented quite a few furnished apartments in Germany and all of them had the same cleanliness issues. From what I've seen while looking for an unfurnished accommodation, flats with EBK are no different. The insides of the fridges, ovens, kitchen cabinets, microwaves are disgustingly dirty (with what most often looks like years worth of food remnants/stains).   The funny thing is the contracts for the very same furnished flats demand 100€ or more on the final cleaning (in case the tenant doesn't do the cleaning himself). And the owners are always more than meticulous to check everything up to the dust on top of the cupboards, needless to say, the insides of the kitchen are being checked as well. Is it just that if the previous tenant opted for paying there is no need to check after the hired "professional"?   I guess there is no point in arguing about the cleanliness before signing the contract, otherwise you just don't get it. (Which may contain a point that the apartment was clean when visiting it).   Are there any ways of ensuring not having to hand the apartment back in a cleaner state than it used to be? Ensuring the money paid for cleaning doesn't go straight into the landlords pocket? Or even not having to scrape the nastiness off or pay someone to do it?   The contract usually states on move out flat has to be clean or "besenrein". What does it mean after all? From this https://www.juraforum.de/lexikon/besenrein it looks like food remnants specifically must be removed. The question is whether dirt and grime (which is difficult to remove and most probably consists of food remnants) should be removed as well as possible or is it enough to also "broom" it like the floor so that there are no crumbs size of a bread heel?   On the forum I came across advice to take photos as soon as I move in. Is insisting on making an Uebergabeprotokoll on moving in possible? Will these measures be of any help? Looks like if the contract states you've seen it clean when visiting and it must be clean on handing back there is little one can do.   Success stories are most welcome.
  4. I really like commutation with bicycle. It's fun, sport, almost repair free and always ready, very efficient and low cost. In my way to work everyday, recently I started to see a phenomenon more and more frequently, making me suspicious that these cases are not accidents but a prevalent way of bullying bicycle riders by car drivers. Examples are: Riding my bycicle in bike path, hear the car engine behind me rumbling as the driver is speeding up so fast, suddenly turning to right into the bike path and blocking my way, then slowing down to force me to brake and keep driving for as slow as 1 km/h until I realize I have to turn left and bypass the car and then the driver turning on flasher and turn left to hit me in the street! So I brake again and he brakes again and keep this childish game of driving slowly in the bike path and waste my time. Another case is when the driver suddenly blocks me in the bike path and totally stops the car there. Sometimes even turns on the flasher as if the car is not working. Cases are the driver is looking for park place and is well ready to kill a human being just to reserve that park place for himself almost crushing me and my bike when rushing with 60km/h into the bike lane. Driver is waiting behind traffic light with right flasher on means he intends to turn right. I arrive and as he knows I will want to pass the cross first when the light is green and then let him turn right, moves slowly to the right corner to block the bike path altogether. Bycicles are waiting like cars for the traffic light to go green so they can pass by. Once the light is green, the first car turns half way right and stops there, blocks bikes path and waits until the light is red again. Then pushes gas and goes away fast! Driver slows down to my pace when I'm riding bicycle and then gradually moves into bike path until I have to either stop or jump into the pedestrian's or hit a tree. Car parked in bike path. Lots of cars parked in bike path. Speeding up to around 100km/h to be the first one who turns right in the cross and before my bicycle arrives In the park place and suddenly opening door in hope that it can hit me when I'm on the bicycle Glorious construction projects which "temporarily" need to use bike path for their baustelle and forever! Heartbroken lovers who drink their last bottle of bear and then break it in the bike path specially in deep snow in hope that bicycle riders will some day feel the pain they are in! And finally the millions of dear households of Berlin, a few of whom just leave their beloved but old furniture in the bike path In some case other bicycle drivers are also victim and I'm not alone. Some go on rage, insult, yell, show their middle finger or punch the car. But this nevertheless keeps happening and it is sometimes really life threatening. So, am I alone? Did you face similar situations? Do you find it a temporary relief to write about similar cases in the comments here? (If so please do) Is there any solutions/workaround/legal advice when one faces these issues? Should we leave sport at the gym and instead join others in driving car? Thanks for your time.
  5. So I've come across a few flat listings where the place and pricepoint seem to be good but the current tenant is demanding his old furniture be bought for some clearly excessive sums of up to 5000€ for some IKEA furniture and a prehistorical kitchen.   Can anyone give detail on how the process is organized?   Do the parties sign a contract which states that the candidate is obliged to buy the furniture but only in the case that he is approved as the Nachmieter by the owner? Should such contract be signed before the current tenant suggests the Nachmieter to the owner?   What happens in three months if no such contract has been signed? Does the old tenant just automatically lose the flat or he can reclaim it if the Nachmieter refuses to buy the furniture?   If any part of the contract changes, does it make the tenant a new tenant instead of a Nachmieter? How is making the new person buy furniture handled then?   In case the kitchen is being sold how to figure out it's not the one that came with the flat?   Lastly, is it considered the norm to ask for price justification e.g. receipts and items' age/origin or it is considered offensive and you can forget about getting the flat? Is it ok to bargain?
  6. Kindergeld

    Hi, We have been in reciept of a 'partial' kindergeld payment since last year. The reasons I've been given (from what I understand) are 1) because I am in reciept of child maintenance from the children's Father in England 2) that their Father can claim Child Benefit in the UK. I've been told by some local friends that this is incorrect and they should be paying the full amount. I've tried to communicate with kindergeld several times with recorded delivery letters and phone calls but I just get fed a line of rubbish like they'll write to me within ** days, or someone who is dealing with it is on holiday or no reply at all. The last letter they sent went to my steuerberater but no copy to me. I'm really fed up and struggling with money. So do I go down the legal route now or are they correct in what they have said? Does anyone know of English speaking legal help (that's not really expensive becsuse I just can't afford it) or have any other help?   Thanks, Debs
  7. So, I have had a horrible experience with 1&1.    I've recently moved to a new apartment. They offered me a  DSL100 for €17 per month. However, they are currently charging me €30 and delivering DSL50. Their customer service is a living demonstration of a nightmare. One of their agents have hung up on me when I insisted to get an answer in writing.   So there are 2 questions now:  1. How should I go further with the billing mess? I thought of going to a lawyer, but the fees will be much higher than what I will actually get back.  2. I asked at Unity media, they said that if I signed a contract with them, they will deliver the internet connection within a week and manage the contract cancellation with 1&1. The sales agent told me that I will be paying 1&1 for those 3 months, even though I will be receiving Unity media's service. This sounded completely weird to me. Does anyone have a similar experience?     Lesson learned: Avoid 1&1 like the plague! 
  8. Hello,   does anybody know if you need to get a special permit to hand out flyers on the street in Frankfurt / Hessen?   Or can you just go on ahead and do it?   As I have a business I want to promote.   Thanks
  9. Hi, I have searched the forum already, but didn't come up with much regarding my issue as its quite specific...   I am an American living in Germany with a blue card. Permanent contract in RLP.   When I was still in America, I had a German boyfriend for 7 years. He now has dual US/German citizenship. Over the course of the relationship, we paid for things together and because we thought we would be together forever...he gave me some money as a down payment on a house in the USA (the house is only in my name though). Then we also paid off a car together, paid off credit cards together, etc. When I moved to Germany, he gave me the money for the security deposit (on the idea he would join me eventually). Well, the relationship didn't work out and now he wants all the money back. He recently inherited some land here in Germany and got a tax bill from the Finanzamt for >25k euros. Unfortunately, I feel like we were in a relationship and I didn't keep track of what I gave him and so there is nothing to pay back. We were supposed to be building a life together and I can't help now that he has a large tax bill.   I did try to sell the house recently on the idea that he could at least have the down payment back. However, this didn't work out so all the money is still tied up in the house. And the rental income barely covers the mortgage, so its not like I am making a ton of money off the house (hence, why I tried to sell it). Nor do I have a ton of money even if I wanted to give him some (American with 140k in student loans...)   So the question is, can a German citizen sue me here in Germany for something that happened in the USA??? I mean, I know he could sue me in the USA, but this would be quite hard as it would be impossible for him or someone to serve me with papers. I haven't seen him in over 2 years and he has no idea when or where I am when I visit the USA (nor do I do tell him or have any contact with him). Does he have any standing here with something that happened in the USA? He still lives in the USA, but he is a German citizen so could come here if he wanted to do something legally (at least I assume so).   I have emails that discuss the down payment as a gift. We don't have any sort of contract regarding the money (not so romantic if we did), so I am not sure what proof he can actually show besides bank statements. He is the one contacting me by phone and email. I ignore all calls as the stress from the situation is too much (the relationship was difficult enough, which is why its over). I have tried to give as much info regarding the situation. Hopefully it is clear.   Any sort of help would be greatly appreciated!!   Thanks.
  10. Hi! I'm looking for model release forms for photography. I'm going to be working with some people I know and doing some photography of them for commercial purposes in exchange for money/exposure/editing/etc. These people aren't models by profession nor are they working with any agencies, they're just your average Anna. The pictures will theoretically be used in social media of a brand, advertisement, the website itself. Commercial usage, in short.  I'm no lawyer, but my German's good enough to read legal documents and such. Anyone got any idea where I can find a template of one of these documents? Or what exactly it would be called? I know the Fregabeerklärung wouldn't be enough in this situation and, unfortunately, I could not afford to pay a lawyer to draw one up for me.  Any ideas? Thanks y'all!
  11. I stayed in an Airbnb in Germany and while opening the shower, one pannel of doors shattered to pieces (most likely from the overuse by previous guests). As it was my 1st time experiencing something like this, in utter schock I had absolutely no idea what to do so I didn't claim a refund on the stay or anything.   I reported the incident to the host but he denied responsibility and demanded money for a new shower (same type as the original) and repair costs (approx. 400€) through Airbnb. I've paid the amount to close the case.   Now he wrote me again demanding a lot more money because he couldn't find a handyman who would assemble such a 'cheap' shower for him. I have turned to the Airbnb help centre and they assured me that under their policy I'm not binded to pay the host the full reimbursement. As I'm only a poor student I needed to make sure.   T L ; D R   What does the law in Germany state in cases of damage? Do I have to pay the value of the damaged thing (ie. the value of the doors) or I have to pay the complete process of repair, replacement etc.?   If he has my personal information, would it be easy for him to take a legal action, in case I'd refuse to pay?   I understand him on his part but it's ridiculous that I have to pay for whatever the host comes up with - that is a new shower of different type and labour of a value much more expensive than of the original one. (The original shower was small and not that complicated to assemble on your own)   Thank you soo much for any of your help.
  12. Hi, I created a blog before I moved to Germany that targets the english speaking world. I am now a resident in Germany.   Do I need to have an Impressum on that blog? It seems daft putting all my personal details address, phone number, etc. for everyone in the world to see when the posts aren't even for the German market, and the laws are seemingly for EU citizens.   Some follow up questions: * Can I geodetect the visitor and show/hide the Impressum only when it's an EU visitor? * Can I simply block all EU IPs so I don't have to have an Impressum?   Thanks.
  13. Is this serious legal trouble? I'd appreciate some help! Brief background:  - I was in Berlin from September 2017 - April 2018 (8 months), working at Bosch. - While there I got a monthly phone plan. The o2 representative told me I could cancel the plan before I left. - One month before I left Berlin, I spoke to an o2 rep. He told me to mail certain documents (work contract, flight ticket, and residence contract) to an address, and the plan would be cancelled. I did that, and stopped using the phone. - About 2 weeks later, I closed my German bank account. Now, I am back home in Canada, and received these two emails a week ago (see images). Clearly the phone plan wasn't cancelled, and they want me to pay 350 euros. Obviously, I am partly at fault for not checking the plan was cancelled. I want to do the right thing here. But, currently I have no connections to Germany whatsoever; no address, no eu bank, and no eu phone. They give bank details to send the money to, but how would I send that money without an eu bank? What is the right thing to do here ? Would really appreciate some help. What would happen if I ignore the emails ? Honestly I'm a little scared. However, I'm also a poor student, so this is a large sum for me to pay considering I don't think I should have to pay it. I'd like to give them a call, but my German is terrible by now, and I'd have to pay for the long-distance minutes.
  14. Source of legal information for entrepreneurs

    Hi everyone,   Could anybody point me to good sources of legal information concerning running a company in Germany (corporate law, I suppose), that is comprehensive enough that I can answer most of my questions without needing a lawyer. Ideally, I would like to know what lawyers themselves use to keep current in their craft. I am ok with reading in German and also willing to pay a subscription fee if needed.    I had experiences where different lawyers would say opposite things about the same issue, so finding the truth is not always easy, even if you seek professional legal advice. It would also be nice to have an access to a database of precedents, such as court decisions, so as to have an idea of how a particular law is implemented in practice.   If what I'm asking is not feasible, and you need something like a practicing lawyer license to access such resources, then a general place where I can educate myself on the subject would also be greatly appreciated. Thanks a lot in advance.   cheers Lemonade
  15. Hello all,    The problem I am dealing with is as follows    I have been employed in a company for six months and twenty days, passing the trial period of six months. On December 30th I received my Kundigung. There was no reason for it, I was told that it had nothing to do with my performance but rather cutting cost. I was one of three other people fired that day. I asked my manager do I now get a notice period as per my contract to which he replied no, today is the last day you work. The Kundigung was dated December 28th. Immediately after new year's I stared sorting out the paperwork for the Agentur fur Arbeit, I registered there, went to the preliminary appointment as well as went to a consultant agency so I can see what are my options, perhaps to study or requalify myself for a different position  In the meantime, I was contacted by my employer, he wanted to have a chat with me in regards to my work for the company, I politely declined as I did not have the time because I had to deal with all the bureaucracy with Agentur for Arbeit.  I have also gone to the Arbeitsgericht, fearing that I was not dismissed properly and generally because I was afraid that I wouldn’t get payed what was owed to me (my pay has never in six months while I was employed come on time, a week or so late always) The lawyer basically agreed and a letter was dispatched to the employer and a date was set for a hearing. I have then gone to the Arbeitsgericht again because I still haven't gotten payed my December wages (by contract I should have received my paycheck on the tenth, it was not approaching 25th of January). In the mean time I have spoken to the employer asking him several times to pay me so I can then move forward and seek other options for work or other help from the Agentur fur Arbeit. He had lied several times about transferring funds and on the 29th of January he finally did. The end of our correspondence was him saying he received a letter from the court.    On the 4th of February I was at court , he did not show up, instead the judge received the letter from his lawyers, in it basically said that they made a mistake with the Kundigung and have  taken it back, meaning that I was employed with him again, he also provided proof that I received my wages for the month of December and with that the matter was finished. When I got home, I received a letter from his lawyers that since the matter is resolved and I am employed with the company again that I should come to work the next day.     The next day I went to the doctor, I am quite ill and received a doctor's note for four day, I intend to extend it not only for the purpose buying more time but also, I do need to recover physically and mentally because of all of this.      My question is, is there anything I can do here? Where can I get legal advice? (preferably in English) Is there any possibility of this resolving in my favor or is there nothing to be done? I definitely do not wish to go and work a company that treats people like garbage.    Thank you in advance for reading and for the help.  Kind regards,  deviaaant 
  16. Hi all,   I have a few questions on what is the correct procedure to handle my move out process.   Me and my girlfriend are moving in together, ETA May 1st. But before, she has to leave her current flat before the end of March. In the meantime, she will move in with me until our new flat is ready.   If I understood correctly, the steps we have to follow are below, but if someone could double check and advise, it would be great.   1. She gets the confirmation from her current landlord that she no longer lives at her flat from 31.03.2019 2. I request my current Verwaltung for an additional tenant 3. My current Verwaltung accepts 4. She does the Anmeldung with me at a local Bürgeramt 5. I send the leave notice to my current Verwaltung effective 30.04.2019 6. We get the confirmation from my current Verwaltung that we will no longer live at the current flat as of 30.04.2019 7. We move in together 8. We register at the new address in a Bürgeramt   Also quick questions: - What to do if my current Verwaltung does not accept an extra tenant? And if they do, should I expect an increase in rent? (I need to double check my contract on this) - Should I add a month of buffer on my leave date in case the new flat is not ready on time?   Thank you in advance!
  17. Hello,     I have unfortunate incident that happened recently to me and i would appreciate it a lot if i can get some of your feedback on it.    5 months ago i have ordered a product called “Phenibut” from the US which is considered as a Dietary Supplement and used as a sleeping aid. The product was stopped by German Customs and since then i have contacted them several times but always i get a reply from them saying that they don’t know the nature of this product, therefore, they need to conduct some tests to see if it is allowed to enter the country.    Recently, i have not heard anything from them so i decided to call and ask and to my surprise they said that they finished testing the product and they found out that it is illegal to import it because it has a component in it that falls under the new drug law (NPSG - Neue-psychoaktive-Stoffe-Gesetz) that was initiated on the 21.November 2016. Link to the new regulation (https://www.gesetze-im-internet.de/npsg/NpSG.pdf).    Then custom employee said that they sent my documents to the “Staatsanwaltschaft” and i should be expecting some kind of “Strafe”. The thing is this product could be purchased also here in Germany because a lot of online German shops like Ebay.de and other bodybuilding sites do sell it as a Dietary Supplement but they didn’t take what i said into consideration.   I got so worried and asked them what will the "Strafe" be, but they told me i should contact the "Staatsanwalt" if i want to know. So i drove to the “Staatsanwalts” in my city and told them the whole story and asked what could be the “Strafe” for this? However, they said they still didn’t receive my case therefore, they can’t conclude anything unless my documents arrives to them and then they will send me a letter by post.    Bearing in mind that the quantity of the product that i purchased is very small (only two bottles that costs 32€) and the product is available here and i have no previous history of any crime whatsoever in Germany, not even a parking ticket and my status here as an EU blue card holder and i didn't know it was illegal to import it and it was meant only for personal use. So with that in mind, what kind of punishment am i looking at here?     1. A fine? If so, why wouldn't customs fine me themselves but instead they sent my documents to the "Staatsanwalt"?   2. Could it get to imprisonment? if so, should i be looking for a lawyer from now      Thanks a lot guys for your help !!
  18. Hello! :-)    I am currently trying to rent a new flat. Yesterday I met the owner of a flat. She liked me and wanted me to have it.   When I called her afterwards to express my interest, she insisted that I should come today and sign a "preliminary contract", which does not include any of the important details. She claimed that filling the actual contract would take time and that she is busy this week.    Of course, I refused to sign such contract, she asked me to send an email that I want the flat, since she needs something in writing. I also refused, since I would only want to be legally committed, only when I read, agree and sign the full rental contract.   My question now is, are such "preliminary contracts" common in Germany? Are they legally binding? Wheat would happen if we disagree on the details of the actual contract?    Have an awesome Sunday!