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Massive problem with leaving flat share (WG)

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Hi,

 

Sorry that this may be long but I figure it's better to write all details.

 

Moved into flat with another girl as a WG and over two years after verbal agreement from landlord we subletletted the spare room. The girl I moved in with initially then decided to move out and found someone for her room, so turn we had two subletters and me, the main tenant. The girl who moved out never got landlord permission and is still in contract with me as joint main tenant.

 

The contract states we can only leave after three years which would be November.

 

I very luckily and completely out of the blue got a chance to move in with my mrs so found somebody for my room, with the intention of subrenting until November and then canceling contract. Only then did the landlord get in touch and say no, not allowed because then no main tenant is living there and he won't accept it.

 

So there was a free room and he told me the only way out is for me to tell the two others they will need to leave and present him with an empty flat and he'll then let me and the other girl out of the contract.

 

Found suitable Nachmieter and landlord has verbally given them the nod, but now tells us there is major damage to the parquet floor we'll need to fix and also the whole flat including ceilings need to be painted before he'll even consider letting us go. This is after we spent every night this week painting and cleaning and getting the flat to a good standard.

 

Now the damage to the floor is in the room I occupied and one of the subletters. We had agreed to split the cost but now she says she will not pay a penny towards any work. The other girl (subletter) also says she won't pay, while the original main tenant along with me is refusing to contribute towards April's rent because she moved out ages ago (seven months) and doesn't seem to understand she is still main tenant and has same responsibilities as me.

 

The caretaker for the flat estimated the work will cost about 2,5k but I got an alternative estimate for about half of that. The problem is now:

 

1. The landlord always deducts rent from my bank and the others have always transferred it to me

 

2. They are refusing to contribute to repairs

 

3. The original girl is not seeing it is also hee responsibility as she is still main tenant with me

 

I have a new tenant ready to take over the whole flat and can have the work done by Wednesday, but I don't know where I stand legally with the other tenants in terms of who is liable to pay, how I get the money, etc.

 

In all honesty I'd like to just disappear or have the landlord just kick me out and retain my original deposit. Is that not possible?!

 

Thanks

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But how can they really help me when, legally, the landlord can force us (me) to pay until November? The Mieterverein cannot force the other three to pay me.

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I am not an expert but this does not seem too complicated.

 

You and your original flatmate have a contract with your landlord so the two of you are responsible for paying the rent.

You and your original flatmate have a contract with your landlord so the two of you are responsible for any repair jobs that need to be done.

Who caused the dammage to the floor? If your sub-tenant has only been there for a short time and does not believe she caused the dammage why should she pay? The same could be said about the paint job.

 

If your original flatmate refuses to pay it is not very complicated to get a bailiff to take care of it for you.

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