Buy somethingon the internet and pay via internet contract

5 posts in this topic

Hello,

 

I am a subtenant (Untermieter) and my landlord told me the he would check whether I bought anything via internet and if there is nothing, then he would give me my deposit in 6 months. So, these 6 months are going to be a control period.

 

I am not aware of anything like buying on the internet without paying first. If you buy via e-commerce website, you pay it via credit card, debit card etc. I never heard of someone paying with their internet contract. My landlord did not exactly mention this internet contract but he just said "buying via internet".

 

My suspicion is that he is making excuse to give my deposit back late or maybe not give at all. What'd you say?

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I guess he means paying by rechnung. Where the company sends the goods then sends a letter asking for payment within 14 days.

 

But he can't hold your deposit for that. Get legal advice. 

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Kind of sucks but he can hold the full deposit back for upto 6 months, a reasonable landlord will return the bulk of the deposit back, keep say 150-200€ to settle the NK. I'd do as AlexTR says and join the Meitverein, about 50€ and in 6 months have them send him a letter demanding the return. The reason for the Meitverein rather than just sending a letter threatening legal action is the landlord is being an ass and probably will ty and keep the money. Knowing that you are a member will greatly reduce the chances of that happening. If it does they can help you. Remember there is a 3 month waiting period so join right away.

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What the OP has not revealed is whether their 'landlord', by which I presume was meant Hauptmieter or main tenant, has allowed the OP as Untermieter to access the internet via the main tenant's own ISP connection which is, I understand it, often the case in subtenancy arrangements.

 

If this were the case here then the 'landlord' may have had another, and somewhat more legitimate, concern in mind (e.g. the risks associated with potential Abmahnungen - cease and desist writs - for torrenting or illegal downloading of copyright material) and what the OP has been told may be a simple mistranslation on the 'landord's' part.

 

The BGB clauses on security deposits related to leases of dwelling spaces certainly do allow the withholding of such deposits to cover any damages suffered by the property owner or landlord. Those damages may include outstanding rent, utility bills, material damage to property or any other consequential losses caused by the actions of the tenant.

 

Although in agreement with the general opinion that it sounds dodgy at best, without knowing exactly what the terms of the OP's lease contract are then IMO it is only possible to speculate as to the legitimacy or fairness of the 'landlord's' statement.

 

2B

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