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  1. Landlady not replying to termination

    Hi,   My flat mate is leaving for his home country and he sent a notice of termination by email to the owner of the flat. She didn't reply for quite sometime so we both at different times tried to contact heron phone and left whatsapp messages. We were getting worried that if she's all right or not and was almost at the verge of contacting the cops to check on her, she replied on whatsapp. She asked my flat mate on what will be the last date and said okay she will send the confirmation shortly.   It's almost 10 days now and she again stop replying to email/whatsapp/calls. What are our options now? It's been a month after he sent the first notice via email. Also, I should mention that she signed the combined contract with both of us. My assumption is that I don't have to give her a separate notice, am I right?   What can we do now? I'm specially worried because I'm staying in Germany and will have to look for a new flat/room. I'm not going to stay in the same apartment as it's quite big and expensive for just me. What if she doesn't reply at all knowing that she already has my kaution? Or I'm just worrying too much about it?   P.S. I should also mention that the land lady is generally very nice and always responded to our queries/concerns promptly. I just don't know what happened. Recent whatsapp message isn't even delivered to her.   Thanks.
  2. I've been living in the current apartment for over a year. In February I received a letter from the landlord telling us to halt the previously agreed rent increase and continue paying the original rent for now, and saying that they would send the criteria letter a bit later. However, that letter never seems to have arrived.   I wonder if this is a common situation that has happened if the current rent is clearly higher than the Mietendeckel (my apartment is really small but in a central area). I guess if they send the criteria letter now, it would suggest that I should pay a much lower rent, and this would put them in an awkward position? However, it seems that by the Mietendeckel law, the landlord is allowed to continue charging the original rent until 23/11/2020. Therefore, even if there is theoretically a criteria letter that established that the new rent should be lower than the current rent, they can still demand the Mieter to pay the original rent until 23/11/2020. Is this understanding correct?   Maybe they're expecting the Bundesverfassungsgericht to overturn the law. However, I'm not sure what would happen if the decision still doesn't come out on 23/11/2020. That would seemingly cause some uncertainty in Berlin.   I'm wondering if I should simply wait until 23/11/2020 or the decision from Bundesverfassungsgericht, whichever comes earlier, before I take any action. My thought process is that, even if I do demand the criteria letter and receive it now, it doesn't really help me, since the landlord is still allowed to charge the original rent until 23/11/2020. If the law then gets overturned, it would potentially put me in an awkward position, since I don't have any intention of moving out for now.   I have bought legal insurance and my idea is that if things are still up in the air by 23/11/2020 I may contact a lawyer and demand a lower rent. I don't know if starting only then would delay things a bit.   I also have no idea how likely it is for the law to be overturned. From what I've read so far, many people do seem to think that the law will be overturned, but it's not sure when.   Or would it still make sense for me to demand this criteria letter now anyways?
  3. We are married couple (both blue card holders) looking for a house (Semi-detatched, Single family/free standing, end of terrance house...) with at least 4 rooms anywhere in all Berlin. Despite the fact the we have a stable income and we are applying in houses with monthly rent around 30% of our household income, we are not being able to find a house. We are using immoscount24 and we contact properties listed by both private and agencies by email mainly due to lack of knowledge of German. But we send a message in German and we try to call whenever possible. The outcome are always: * No response (especially the private landlord = 100% no response) * Not being selected for the second round after visiting the apartment 1) Please share your knowledge about the house renting situation in Berlin and do you have any tips and advices on how to find a house ?  2) Do you know an agency that can help us find a house  3) Why landlords are not selecting us (We have both a positive Schufa and high income and highly educated, no debts, no pets, positive history with previous landlords...) does that have to do with the fact that we are not Germans ?  Can you please share your knowledge, I'm really puzzled   
  4. Neighbours musicians

    Hi guys and girls. The story is like this. I just moved to a new apartment and figured out that my neighbours are students of music academy. They study piano. Both of them They play the whole day, even on weekends. I've tried to talk with them, I was polite and everything, but they were like "This is your problem". I am a software engineer and work from home, so I need it to be quiet. And even if I wasn't, I still think that I have a right for peace in the apartment that I pay for. The agency, that I rent an apartment from, didn't tell me anything about the noise, although I've asked them about it I have a contract for minimum 1 year of rent, so I can't cancel it. Also, I think it will be hard to find somebody to subrent this place with such neighbours. I was wandering what is the law for musicians in Berlin. I couldn't get it from previous topics in this forum and they are pretty old. Maybe there are some updates for it? Or maybe I can cancel the rent somehow? Somebody have any advice? I don't know German, so I can't go to Tenant Association. I thought about going to lawyer, but how expensive it can be in Berlin?
  5. As per title, I rented out my (fully furnished) apartment these past six months, while I've been abroad; there was a regular contract and, at the start of the renting period, I made available to the tenant the documents necessary for the Anmeldung (I live in Berlin and I'm the owner of the apartment). I haven't copies of these Anmeldung documents any more, and the tenant (who has contacted me during the renting period for various reasons) never asked me anything more, or communicated me any documentation problem in regard. I actually don't know, and haven't checked, if she actually did the Anmeldung.   There have been problems and difficulties with this person, but it's not the subject of this topic. Now she is bugging me with the request of a Vermieter Bescheinigung, which is a document necessary for the Anmeldung, and as such she should have had it in order to do the Anmeldung, if she has done it; I, on the other hand, don't have it any more. She mentions that she needs it for her tax filings.   To make things more complicated, I think she mentioned me at the start of the contract that she was legally resident in another apartment and would use mine only as second residence. Again, I didn't check anything, thinking that if she really had to do an Anmeldung, she would have just done it.   What do I do? Can she legally request this document that I haven't? Isn't she required to have it, if she did the Anmeldung; and if she didn't, why ask for a Vermieter Bescheinigung? Does she really need it for the tax filing, or is she making up this? (By the way, I asked also my Steuerberater and they don't seem to care for this document in relation to tax filings).   Note also that I wouldn't have any problem in compiling it now, but can I do this on June 16 in regard to a rent period that ended one month ago?   Thanks!
  6. Preface:   I heard there's a new rent cap going on in Berlin (no idea if this applies to other areas of Brandenburg, too and/or Germany). Basically there seems to be a maximum amount of euros per square meter that is considered legal for a landlord to ask as rent.   Since I am probably going to be on the look for a new apartment or single house for rent, I thought I'd formulate some scenarios in order to see if I got the whole thing right.   Suppose I am looking for an apartment for rent. I look online, I find one. I book an appointment with the landlord. The asking price is WAY over the rent cap, as I currently see it 95% of the units I browsed do not even feel the breeze of this supposed-law.   Scenario 1: I visit the unit, I like it. I tell the landlord "well, according to the new rent cap law, this apartment should cost X amount and not Y amount. Would you agree on that amount? The landlord says "no". - I am out.   Scenario 1b: Identical to 1, but I vaguely refer to some laws related to rent. The landlord says "I am not discriminating against you just because you mentioned some rent cap laws.. I am simply not feeling a good vibe with you and I have the right to choose who rents my place or not. So I say no." - I am out.   Scenario 2: I visit the unit, I like it. I tell the landlord "I take it". We continue some paperwork etc. fast-forward to when the whole thing is done and I move in. After a while I write my landlord saying "hey, I am paying more than I should. I read that it's also a retro-active law, meaning you have to lower the rent to the rent cap AND refund me of the difference I paid so far" (this is what a lot of people told me, too.. that the law is retro-active in some way). The landlord says "F" and then some kind of dispute begins. I might or might not get the money back but I like with a pissed landlord next door. - I am in but .. with a crosshair on my forehead (or not, maybe).   Scenario 3: Like 2 but I tell the landlord half-way before signing. He then reacts like "you know what, I don't feel a great positive energy in this room. I have the right to change my mind, I decide you are not the right person to rent this." I do not get the unit. - I am out.   Scenario 4: I call the authorities and report that there is a unit being rented over cap. I have no idea if these people can be punished just by letting the authorities know. I don't get to rent that apartment but maybe I bring justice to this world. Yay.       The above kinda serve me right as a different way of asking you the following: 1) How does the rent cap work in Berlin? How is the maximum per square meter calculated? 2) Is there really anything a person can use to put this rent cap to use or will the landlords simply say "no" to people who mention that before renting their unit? 3) Is the law retro-active for sure? Meaning: can I calculate the excess rent I am paying and demand a refund? Can this be applied to units on rent even before the law passed? 4) In the end, is this really of any help for someone looking for an apartment for rent or will the sharks of this city still have the upper hand? Did they ever have it, though (maybe I am biased against speculators?)   Thanks!
  7. Handover protocol

    Hello,   I recently moved into an apartment. I had a quick look at the apartment and signed the handover protocol saying everything looks fine. But after 3 days i noticed a small dent on the parquet flooring. I have also taken the pictures showing timestamp. Now am wondering if the landlord can hold me responsible for it just because it was not mentioned in the handover protocol?   thank you 
  8. Finding a house in Mannheim

    Hello, I am moving to the Mannheim/Ludwigshafen area in first of July for a new job. I am actively looking online for an apartment but so far I am not getting any replies and the posts themselves are not plenty. I am using sites like immowelt, immobilienscount and wg-gesucht and facebook market.   any tips that someone can help me with? I would appreciate the help. Thanks!