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Found 6 results

  1. Hi,   My landlord (Hausverwaltung / Property Management company) has sent me a letter asking to pay temporary reduced rent. In the calculation they have mentioned Sammelheizung (collective heating) as Yes.   I played around with the following rent calculation form: https://mietendeckel.berlin.de/en/mietendeckelrechner   I noticed that Sammelheizung Yes or No makes a huge difference in the rent calculation. Hence, I wanted to understand if my situation comes under Yes or No. My heating situation is as follows:   I have a separate gas meter inside my house. After moving into the apartment I applied for the gas connection and paying the monthly bill for the same. Whenever house heater or hot water is started, the meter is running. I am mentioning this because I never got a clear answer from the landlord (Hausverwaltung / Property Management company) about heating situation (Hausverwaltung is pretty clueless and unresponsive).   More information about Sammelheizung as per Google Translation of this page: https://www.stadtentwicklung.berlin.de/wohnen/mietspiegel/de/gliederung.shtml Under a collective heating all types of heating are to be understood, where the heat and power from a central location from happening. A floor heating or apartment heating (gas, oil, electric heating) that heats all living spaces adequately is equivalent to collective heating.   My case seems to be individual heating and not collective heating. I wanted to confirm my understanding before I write to the property management company. Can someone provide insight on this?   Thanks.  
  2. Hi all,   I realise there are similar topics in the forum, but I haven't been able to find one that matches the details of my case so well.   In 2018, my family and I moved to Mönchengladbach and paid a €1000 deposit on a flat there. Let me at this point mention that the landlord did nothing to repair any defects with the flat (some shutters did not close, and others would get stuck once down, leaving me and my family sitting in dark, cold rooms in the winter, and hot, bright rooms in the summer; the basement was susceptible to flooding, which we were not warned about, leading to several hundred euro of damage to our property and costs of several hundred more euro to clear out the destroyed items - something the landlord said he would do for us 'als Wiedergutmachung', but never did; the shower basin was leaky, resulting in mould on the tiles and floorboards; the heating did not work for almost two weeks in December, which led to mould behind and on the back of furniture; the front door of the house, which the landlord promised to change when we moved in but never did, was not secure, which resulted in the theft of items from the basement - before the flooding...), which will hopefully explain my reluctance to accommodate his other errors, which I outline below.   In August 2019, we left Germany for Ireland, terminating the lease in accordance with the contract (giving three months' notice) and with a signed Übergabeprotokoll from the landlord's agent showing that the flat had been returned in the expected condition. Between then and the end of last year I repeatedly wrote to my former landlord, requesting that he pay the deposit back into my bank account, and each time I have received no response.   On 6th January 2020, the Nebenkostenabrechnung for 2018 arrived - 6 days too late according to § 556 BGB. As it was late, I initially ignored it, but then in early July 2020 - well within the one-year cut-off - I wrote to the landlord to tell him that I wouldn't be paying his bill as it arrived too late, citing the relevant legal paragraphs, and again requesting that he return my deposit. The landlord did not respond to this letter.   The Nebenkostenabrechnung for 2019 arrived on 5th January 2021 - once again 5 days too late, and again I wrote to the landlord to say I would not be paying it, with a further request to return the deposit. The landlord did not respond to this letter either.   As far as I am aware, the landlord now has no claim over the deposit and is legally obliged to return it in full - plus interest. Therefore, at the beginning of February 2021, I wrote him a letter (subject: Fristsetzung: Rückzahlung der Mietkaution), setting a deadline of 15th February to return the money. As the letter only arrived on 12th February, I extended this deadline to 19th February via a WhatsApp message, giving him an entire week to return the money.   Today I received a WhatsApp message from him, trying to intimidate me into paying these bills, giving the impression that the court would side with him if I were to take legal action.   If the guy had fulfilled his obligations as a landlord while we were living in the flat, I would be more than willing to forgive him a few days and pay the Nebenkostenabrechnungen. However, as life was pretty miserable for me and my family in that flat, am I not inclined to do so. However, before I do take legal action, I'd like to know if anyone here has had a similar experience.   The questions on my mind are: Have I fulfilled all my obligations regarding the Nebenkostenabrechnungen? Did I stick to all the deadlines? Does my move to another EU country count as a "special reason" to justify the landlord's being unable to get the Nebenkostenabrechnungen to me on time (he posted 2018's bill on 23rd December 2019, and 2019's bill on 27th December 2020 - of course they weren't going to arrive in time!)? Ordinarily, if the Nebenkostenabrechnung arrives late due to a delay with the German post, that's something the landlord has to grin and bear... Is there a time limit on the landlord reasserting his claim? (There's the 12-month deadline for the delivery of the Nebenkostenabrechnung, then another 12 months in which the renter can raise an objection to said Nebenkostenabrechnung. But is there a further deadline for the landlord to observe when countering the renter's objection? What is my next step - a letter with the word Mahnung in the subject line, or the Mahnverfahren itself? If I do start the Mahnverfahren, how do I calculate the interest accrued on the withheld deposit? I haven't seen a Sparbuch or anything. Is there anything else I should bear in mind?   Thank you so much to anyone who has any advice! I'm absolutely at the end of my tether with this penny-pinching man and, honestly, just want to move on with my new life now - while giving him a taste of his own medicine, of course!
  3. Construction and renovation works were carried out in the building where I live since 1 year. Many problems occurred because of that, including noise, wholes in the flat, light obstruction because the cover and the security risks that come from the scaffolding...etc. I applied for rent reduction and at the same time sent a notice letter to leave the flat after three months.   Couple of weeks later, the landlord (agency employee) came. I thought he came to verify my claims about the construction damage, instead, he was looking for any damage that I caused. There is nothing significantly wrong with the flat and he did not find any major issues. There was a little bump in the parquet (parkett buche) that he took a picture of.    Today they called me and said there might be water everywhere under the parkett, and the bumps are everywhere (but I really don't see them) and we might have to replace the entire floor, and it's going to be expensive and I have to pay for that. But first they will bring an expert to confirm what they say.   I have two problems with that: - i don't think there is a damage of this magnitude (attached some pictures, maybe I'm wrong) - i don't trust them, and consequently I don't trust there expert   Of course the lawyer option is on the table. But I was wondering if there is anything else I have to pay attention to before I get an appointment with a lawyer.   I have been renting this flat for almost three years.
  4. Renting a flat, but not living there

    Hello, I am my family find ourselves in a rather strange position. We have been in Germany since 8 years, and fulfill all the criteria of citizenship. We live in an apartment that we own. Unfortunately, the responsible person in the Landratsamt is extremely slow. We applied in Jan 2020, and only now he has sent us the list of documents. A complete 1 year later. We spoke to some other people, who also were severely delayed in getting their citizenship. We have some plans, and would like to get the citizenship asap. I fear that if we apply here, it will take forever for our application to get processed.   Meanwhile, friends in the neighboring LRA got theirs in 2 months! Yes, just 2 months from the first contact to the LRA.   We are considering taking up an apartment on rent in that LRA, registering with the Gemeinde, and then applying to that LRA for our citizenship. We do not want to move though. When the citizenship would be done, we would give notice to the landlord. Our financial situation allows us to pay rent (burn money) for the rental apartment for 3/4/5 months, which is what we assume should be enough.   Apart from being a "verruckt" thing to do, and apart from causing the Landlord some strife (because they would have to look for a new tenant soon-ish), I would like to know the legal implications of this. Do we need to disclose categorically to the Gemeinde, that we are not de-registering from our apartment? I guess we could say that we are still looking for a tenant for our apartment. If we do really go this route, what else do we need to think about? I was planning to go once a week or so to air the empty apartment and just check that nothing is wrong.   I know that this sounds extreme, but our frustration with the existing LRA has reached a limit. Phone-calls are not answered, escalations lead to nowhere. Meanwhile, a phone-call to the neighboring LRA was received very pleasantly, and they were like "yeah, just do the Anmeldung, come to me and we will start the process". It is bad luck that we are stuck with the current LRA.   Many thanks, K
  5. Beautiful and well divided 38 m² 1,5 room apartment in a very quiet location near Olympia-Einkaufszentrum (2 mins to U1/U3, with all shops close-by (incl Aldi, Lidl, Edeka)) Warm rent 850 € pcm Available from 01 Jan but can also be earlier.   Balcony, Keller, Built-in kitchen, bathtub w/ shower.   See the following link for full details and contact info:  https://www.ebay-kleinanzeigen.de/s-anzeige/38m2-flat-wonderful-location/1599885704-203-6447
  6. Hi All,   I am wondering if anyone took advantage from rental discount in Berlin after the law taken?   I am over paying to my rent. My landlord, which is a company, is saying that they are following everything in this regard, so I don't need to worry about it. However, they do not even mention discount. I am not sure what should I do. I also don't want to have bad relationship with my landlord   Thanks in advance.