Legal time period for apartment deposit return

18 posts in this topic

Hi

 

I would like to know the legal time period before which the landlord must repay the caution deposit. my landlord is holding it for the past 3 months after handing over the keys. There were no damages and i got the protocol signed by him. he is keeping it to check the heizung and electricity, but how long he can take this excuse i dont know.

 

anybody has idea.

 

cheers.

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You silly bugger you could have done the electricity yourself.As to the heating costs there are normally a coloured thing on your radiators.1 side is the usuage from last year and the other side is what you have used this year.You could have saved yourself all the hassle by doing this visually on a comparison basis

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Hi m_p,

I'm not sure what the law says, but it would make sense if they were to hold back enough to satisfy any expected additional payment on your house's yearly expenses until the end of the normal settlement cycle. They probably won't have all the numbers for 2008 until mid-2009. Unfortunately, everybody has been having increasing after-payments for the last few years, especially because of rising energy costs, so this would provide them a reason to retain more than you think they should.

If they're reasonable, you can to try to get them to estimate just how much they need to keep, and ask them to refund at least the balance now.

If they're not reasonable, they just might be counting on you to lose interest in the hassle and give up once you've moved away.

Regards, Jim Walker

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Thanks guys, the FAQ was indeed great. I will try once again if no favourable answer then i will switch to Mieterverein.

I took all the meter readings for heating and elctricity and it was very meagre as i stayed only for 2 months. I coudnt do more as these things were under Owners name.

 

thanks guys...cheers, khan

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We rented a place in Schwabing, it was brand new, we moved out in october 2008 and are still waiting to get our Kaution back. Landlord is a nasty lawyer who claims the apartment does not look new any longer (duh!) and that she needs time to continue to inspect the place, even though we signed a Protokoll when we gave her the key back. She said new damages could arise, that she may have not seen when we signed the Protokoll. What is really absurd, is that now there's a friend of hers living in that apartment and of course we don't want to be responsible for the damages this person may have caused when moving in.

 

So now we got a lawyer to help us out, but what really surprised us is that he said there is no law that forces the landlord to reimburse us any soon.

 

I would like to know if anybody had a similar experience and how it went.

 

Thanks,

 

V-

 

Topics merged by admin

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's a bit late now I suppose but the best way to get your cash back is to simply not pay the last 2/3 months rent.

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You Go right ahead and do that. Many contracts stipulate that such a thing can't be done and if yours is

one of them, you just opened yourself up to legal action..

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I have a slightly different question. Is it legal for the bank to close the account in which a deposit is held and return the money to the landlord without even asking me at all? I agreed to pay my Landlord half of my deposit to cover costs that the landlord took months to give me as part of the final settlement. Whilst I was trying to get a response from the landlord he seems to have managed to take the entire amount from an account set up to hold the money, that was based on joint signatures and in my Bank without me being asked at all. What is that all about? Is this common in Germany?

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Usually both parties must agree to the xfering of the $. I haven't heard of the LL being able to collect any of it without your approval.

I suggest you contact the local Mieterverine ASAP for advise. TT is not the place you need.

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The account should have been set up to require two signatures to release the money. However, it could also equally have been set up that a completed protocol signed by all parties would be enough to release the money, but in that case to the tenant. You need to check with the bank. If it was a correctly set up Kautionkonto, then I would start screaming at them loudly. Very loudly.

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ok- thanks. I had not heard of this either. The bank called my wife this afternoon and advised her that the contract allowed this so they simply handed it over. I must confess to be quite stunned by this but on my experience of the German legal system to date I think anything is possible. I'll check it out.

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[adminmerge][/adminmerge]

Hi Moved out of my flat in January 2013 and I only just received the annual bills for January-December 2012 in March 2014. Do I need to wait until March 2015 to get back my bill for the month of January 2013 before I can get the guarantee back. That would be 2 years after I move out...

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The law stipulates that the bills have to be rounded up at the longest 12 months.You could try www.mieterbund.de

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Hi m_p,

I'm not sure what the law says, but it would make sense if they were to hold back enough to satisfy any expected additional payment on your house's yearly expenses until the end of the normal settlement cycle. They probably won't have all the numbers for 2008 until mid-2009. Unfortunately, everybody has been having increasing after-payments for the last few years, especially because of rising energy costs, so this would provide them a reason to retain more than you think they should.

If they're reasonable, you can to try to get them to estimate just how much they need to keep, and ask them to refund at least the balance now.

If they're not reasonable, they just might be counting on you to lose interest in the hassle and give up once you've moved away.

Regards, Jim Walker

 

That is what we did, held back 150€. Our tenants were great and had no problem giving them back there deposit, but had nothing but problems with Deutsche Bank, apparently we were missing some paperwork or something, took about three months and several letters back and forth to the bank to get it all sorted out. Compounding matters was the fact the branch was in Frankfurt and we live in Munich.

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i leaving Germany and landlord represent from mr.lodge company refuse to return my caution i need to close my bank account and all the payments will be done in time 

how to resolve this situation 

thank you

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... you should just write a formal letter requesting for the Kaution as soon as you leave the apartment.

This ensures that there is documentation and bit of pressure on the landlord to return. 
The law is interpreted differently in different states.

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