Can I challenge "Eigenbedarf"?

53 posts in this topic

Dear All,

 

as usual i too have some problems with my landlandy regarding some minor repairs in my furnished flat like water leakage from dishwasher.

when i requested her many times to repair it. I got eignebedarf kundigung from her and she claims that her husband want to move in becuase his work place is closer to my apartmrnt also her husband cant drive more than half an hour due to some health problem(not clear). It looks like that she just trying to evict me( but i cant say if her husband has no health reasons). BUT sure she does not seem happy with me either becuase i was demanding repairs.

 

Now i want to ask if my mietrechtschutz will pay if i dont move out and if she moves to court and wins. I see rare chance of her wining but, I cant be sure if her husband really has some health problems which i cant see.

 

I definitly want to fight if mietrechschutz also cover cost even if i lose. Please advice

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How long have you lived in this apartment and what does your rental contract say (also about minor repairs, i.e., "Schönheitsreparaturen"?

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I presume you are referring to your Mietrechtschutzversicherung, i.e. your legal insurance for home rental? If so then the only people who can answer your questions are the insurance company themselves, as their level of cover is defined in your insurance documents. In most cases you summarise your problem (even on the phone) to your insurance company and they will give you an indication of the level of cover, if any that can be used to support your case.

 

"Eigenbedarf" is a common excuse to get anyone out of an apartment, and I am sure most insurances would support your defence against it, especially if you have reason to suspect victimisation as a result of your earlier complaints.

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Dear Conquistador ,

 

end of this month(Feb'10) I'll be completing one year in this flat.

Regarding "Schönheitsreparaturen"? It says that i have to paint/repair kitchen/bath after 3 years, and after 5 years of living i have to paint/repair all other rooms.

 

Dear YorkshireLad6,

 

Yes, I am talking about "Mietrechtschutzversicherung".

OK, then I am going to talk with my insurance provider, hopefully will also contact a lawyer.

 

Thanks to both of you!

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Dear All,

 

as discussed, i consulted my lawyer to write a reply against my eigenbedarf kundigung becuase it was doubtful and my lawyer also agreed that my landlady has no reason to claim eignebedarf.

 

now after my lawyer written a letter against my kundigung, here is an interesting reply from my landlord lawyer:

 

my landlord lawyer now siwtch to other argument and claims that i have to increase current rent by 300 euros becuase currently i pay too less for a fully furnished flat in frankfurt (i pay 900 all inclusive for 3 room flat , approx 80 sqm). so my dear landlord want to increase the rent to 1200 euro per month. I am sure that may be i am paying a little less like 100 euro. BUT this flat already have too many problem with furniture/utilities and my compalints go unheard. Also i dont think if this flat ever renovated for last 3-5 years. at maximum 1000 eu per month should be the maximum rent. also please note that its been only one year since i rented this apartment, how landlord suddenly increase the rent by more than 30%. Why my landlord didint think about this just a year back while renting it to me. I think landlord simply want to kick me out and looking for reasons one after the other. I am going to talk to my lawyer very soon.

 

But just let me know your opinion if she can take me to the court and what are the chances?

 

Thanks

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well, obviously by increasing the rent by that MUCH, she is forcing you to move out on your own. anyhow, you should consult your lawyer and come to a consensus with your landlord, such as, if they pay for you to move, etc. then you can move out sooner.

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Keep the landlord's/the lawyer's letters at hand, they could be highly useful if they take you to court. If the landlord needs the apartment for Eigenbedarf (which is possible, though rather unlikely), a rise in rent is not necessary, as you will be out real soon anyway. And if this greedy guttersnipe wants to earn more rent, the chances are Eigenbedarf was a cheap pretext. She contradicted herself by using both strategies, which may help you.

 

In any case, tell your lawyer in full detail what is faulty or dysfunctional in the apartment. Write it down over the weekend, whenever you observe something not right, put it to paper. And next week draw a letter to the adversaries, together with the lawyer, grant them a deadline of about a month or so (lawyer will know the details), and tell them you are going to reduce the rent, if the apartment is not fixed as requested. The intricacies of Mietrecht are many, and tricky, and as you are with a lawyer already, do it together.

 

There are limits about rises in rent, and the lawyer will know about them as well. If I am not mistaken, it is max. 30% within 3 years.

 

As Elfenstar noted, coming to a consensus with the landlord is your goal, and once you showed them fellows the teeth, they might be more willing to settle for a mutual compromise.

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Dear postmann, Dear Elfenstar,

 

thank you very much for your time and important suggestions. Good to see your positive reply and moral support

TT forum really rocks. without you guys, auslanders are really with no support and are virtually crushed.

 

thanks

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Regarding "Schönheitsreparaturen"? It says that i have to paint/repair kitchen/bath after 3 years, and after 5 years of living i have to paint/repair all other rooms.

 

Isn't that illegal now?? Might want to run this past your Lawyer as well

 

http://www.internetratgeber-recht.de/MietrechtAllgemein/frameset.htm?http://www.internetratgeber-recht.de/MietrechtAllgemein/Schoenheitsreparaturen/sa.htm

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There are limits about rises in rent, and the lawyer will know about them as well. If I am not mistaken, it is max. 30% within 3 years.

 

Unless there was some modernisation work it's limited to 20% within 3 years. See §558 ff BGB.

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@all,

 

forgot to mention that in order to justify rent increase, my landlady pointing me to recent law regarding provision of rent increase from 01.05.2010.

 

here is the link:

 

http://www.frankfurt.de/sixcms/detail.php?id=2855&_ffmpar%5B_id_inhalt%5D=6524210

 

any comments ,

 

thanks

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That's not a law, that's just the Mietspiegel. This is used to calculate the ortsübliche Vergleichsmiete for your flat.

 

She can demand up to the ortsübliche Vergleichsmiete as long as she observes the Jahresfrist - only one raise every 15 months - and the Kappungsgrenze - max 20% within 3 years. In a conflict between ortsübliche Vergleichsmiete and Kappungsgrenze the lower always applies.

 

Question: Do you pay utilities separately?

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Dear Kato,

 

yes i pay utility seprate.

my rent break up in the contract is written as

 

Grundmiete = 650

btriebskosten = 250.

 

Thank you.

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She can raise the Grundmiete to a maximum of €780 then, or to the ortsübliche Vergleichsmiete* - whichever is lower. Take it to your lawyer or draft a refusal letter yourself (or have a friend draft it - cite the Kappungsgrenze in § 588 BGB (3)).

 

The Betriebskosten are completely separate, and she has to be able to prove any item on that with bills anyway.

 

Edit - this is all presuming your furnished flat is not a room within her own apartment that she lives in.

 

*- note: since your flat is furnished, your own ortsübliche Vergleichsmiete is higher than stated in the Mietspiegel. This depends on the value of the furniture.

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@all,

 

my lawyer is planning to take this gutter-Bi*ch to court for making contradictory claims i.e first eigenbedarf and then rent increase and intentionally ignoring my complaints.

 

Thank you all for all the help.

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the bitch is gonna get shafted here.Would seem she wanted you out to put up the rent and when you did not move she decided to put your rent up.See you having some fun here and then maybe getting a little pay out in satisfaction seeing her have to pay for your lawyer and the court costs as well.Keep us informed

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@all,

we decided not to go court and just ignore her letter/demands and let her go to court and apply some money out of her pocket.

 

Thanks

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Dear TT,

 

well, here we are!

after back and forth letters between my lawyer and landlady, she finally dragged me into court.

how long this court procedding can go on. Since she started all this, i am not going to give up. any advice please that can help our case.

i am already disturbed, but want to fight, how long i can pull this case so that she also get into some trouble.

 

i have done nothing wrong, i simply requested to repair minor problems in my flat.

 

Thanks

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Right and now is the time to have nothing to do with the landlady.All correspindance with her goes straight to your lawyer.Give your lawyer all the letters you have received from your landlord and make sure that your lawyer stipulates in court that all the problems started after you asked for some minor repairs to be done

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