Moisture on walls discovered at hand-over of old flat. Who pays for it?

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I moved to a new house a few weeks ago and when removing some closets, some walls showed moisture, in dark areas, but no flaking. 

The landlord says it is my fault, as I did not air the house enough and my heating was set to low.

She proposed to keep the Kaution to fix the damages, but it looks like  a lot of money (over 3500€) for an area below 3-4sqm!

 

Any advice on this?

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Talk to your insurance company and ask them if they have the contact details of a Gutachter that specialises in that field...

 

Then pay the Gutachter to go and assess and estimate ( Their estimates are usually spot on!...

 

Ant tell the LL that you want the original receipts for the work done so you can deduct from your taxes etc etc...

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Thanks for the tips.

Unfortunately I don't have a house insurance... I have one for the new house, but not for the old apartment.

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Call your new one... You just need the name of a Gutachter so they can go to the old place on your behalf...

 

May cost you 100€ or so... but worth it if the LL craps their pants!

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On 12/10/2017, 1:50:31, SpiderPig said:

Call your new one... You just need the name of a Gutachter so they can go to the old place on your behalf...

 

May cost you 100€ or so... but worth it if the LL craps their pants!

 

SpiderPIg is actually giving you good advice here. €3500 is A LOT OF MONEY and they cannot just keep your deposit. They can get someone to do any repairs and then send you the bill, but they must return your deposit.

 

Moisture and mold are huge problems with flats in Germany . And to accuse you of not airing out enough or using your heater high enough is really difficult to prove. Maybe it's true, but how long you should air out each day and how high the room temperature should be is not set in stone either. But it's a great excuse for any landlord to use.

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Urgent!

 

The landlord says it costs over 4600€ for the whole thing!

Please advice, at the moment I am inclined NOT to pay for it and just forget about it!

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On 12/10/2017, 2:47:51, MikeMelga said:

Thanks for the tips.

Unfortunately I don't have a house insurance... I have one for the new house, but not for the old apartment.

it´s personal liability insurance which may help in this case. Private Haftpflichtversicherung...do you have that? Or legal insurance?

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3 minutes ago, john g. said:

it´s personal liability insurance which may help in this case. Private Haftpflichtversicherung...do you have that? Or legal insurance?

I have both, but I think my haftpflichtversicherung does not cover it...

 

EDIT: part of the cost is painting the whole apartment. Can they do the repairs without painting?

 

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22 minutes ago, MikeMelga said:

Urgent!

 

The landlord says it costs over 4600€ for the whole thing!

Please advice, at the moment I am inclined NOT to pay for it and just forget about it!

 

4600 sounds a hell of a lot.

 

We had a huge mould issue when we moved in.

 

We informed the landlord after one month about the issue. He got someone in and the guy only painted the areas with the mould.

 

It cost the landlord about 1200 euros.

 

The mould has however returned again.

 

 

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14 minutes ago, MikeMelga said:

I have both, but I think my haftpflichtversicherung does not cover it...

 

Maybe you have it if you have the Allmählichkeitsschäden clause (included in Mietsachschäden)

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Thanks for the tips! Will take with my insurer tomorrow to see if it is covered, but I seriously doubt it.

We already communicated to the Landlord that we do not accept the bill.

 

One point is that it happened on 2 different, unconnected rooms (but sharing the same facade), but nowhere else on the apartment. One of the room (wohnzimmer) had no doors, so it was on the same humidity conditions as the rest of the apartment common areas.

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If your Haftpflicht insurance was set up before c. 2008 or so - then mould is excluded but many newer policies/tariffs include it.

Fingers crossed, Mike!

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8 minutes ago, MikeMelga said:

One point is that it happened on 2 different, unconnected rooms (but sharing the same facade), but nowhere else on the apartment. One of the room (wohnzimmer) had no doors, so it was on the same humidity conditions as the rest of the apartment common areas.

 

Was the moisture only visible when furniture was removed.

 

In our case it was all over the room but darker where there was furniture covering it up.

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43 minutes ago, RenegadeFurther said:

 

Was the moisture only visible when furniture was removed.

 

In our case it was all over the room but darker where there was furniture covering it up.

There was one small corner where you could see a minor issue. I did not bother to fix it as we would move out in a few months and the painters would take care of it. 

Does it make any difference?

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23 minutes ago, MikeMelga said:

There was one small corner where you could see a minor issue. I did not bother to fix it as we would move out in a few months and the painters would take care of it. 

Does it make any difference?

 

It might. 

 

If you had told him before the flat had a mould problem, it could maybe work in your favour.

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Talked with the landlord, he says that the cost is very high because they will "repair" the whole apartment, including ceilings, to make sure that the mold is gone. I was under the impression that taking care of the affected area was good enough! Mold will always come back.

 

We are talking about a problem that affects 5% of one of the rooms and 10% of the other room!

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8 minutes ago, MikeMelga said:

Talked with the landlord, he says that the cost is very high because they will "repair" the whole apartment, including ceilings, to make sure that the mold is gone. I was under the impression that taking care of the affected area was good enough! Mold will always come back.

 

We are talking about a problem that affects 5% of one of the rooms and 10% of the other room!

 

Does he still want you to pay for the whole flat or have you struck a deal ?

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