Evicted under false terms by Landlord

6 posts in this topic

My landlord sent me an eviction notice around mid-November saying I had to vacate the flat in a months time when I was going home for Christmas on the 16th, instead of stay the initially agreed move-out date of 17th Feb 2018. Her reason was that due to some unforeseen circumstances relating to her work she's had to move back to Berlin. I had a hunch this was rubbish and she was lying just to evict me as there was a lot of tension between us due to a constant breach of my privacy on her part. I decided I could check whether she was lying by finding the link that she had emailed me of her flat listing on wg-gesucht to check whether the listing was still up. I found that the listing was indeed up and that the dates had been changed so the tenancy could begin from the 1st of Jan 2018 and potentially end 31st Dec 2018 thus showing that she doesn't need the room for the period of time I was going to be there. I also checked the pictures and the room being advertised was mine. 

 

I decided to do a bit of research and legally you have to give 3 months notice for a tenant to evict the property, unless they haven't been paying the rent for 2 months (which I did) or you need to move back there yourself in which case you can give one months notice. I would normally let this slide because I'm delighted to be out of that awful place but she refused to give me back my entire deposit because of there being a 'scratch on the side table' that is probably only visible under a microscope as both me and my mother who helped me move out both struggled to see anything there, and according to her she now has to get the entire table replaced which will cost her 99 euros. I'm also sick of her trying to take advantage of foreign students who she assumes will have no knowledge of German or of German rental law, and hope that if I take action she will think twice about trying to exploit anybody else. So I was wondering is there any potential fine she could incur for lying (I took screenshots of the ad as evidence showing the tenancy dates, the date the screenshot was taken, her name, address and the photo of the room to be rented) and what kind of action I can take against her and what the procedure for doing so would be?

 

 

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27 minutes ago, teens said:

My landlord sent me an eviction notice around mid-November saying I had to vacate the flat (...) showing that she doesn't need the room for the period of time I was going to be there. 

 

What exactly did you rent? A flat or a room? If a room, where is that room - in a/her flat?

 

Quote

(...) but she refused to give me back my entire deposit (...) according to her she now has to get the entire table replaced which will cost her 99 euros.

 

Your entire deposit is 99 Euro?

 

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I rented a room in her flat, she would stay in the flat on the rare occasion she was in Berlin.

 

The entirety of my deposit was 1000 euros, she gave me back 500 euros when I left initially and said she had to keep the other 500 euros because she had to pay for someone to take care of her cat when I was away for the weekend. When I sent her an email stating that she can't legally hold my deposit for something like that and that she can only claim my deposit for damages, she gave me some of the other 500 euros back but then hit me with this bs claim of her drawer being scratched. She also charged me for having to have her pillows replaced because there was a 'smell' she couldn't get rid of, even after washing them which is just a really bizarre claim. So so far I have around 800-something euros of my deposit back, but she's holding onto 99 euros + the cost of the pillows.

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3 minutes ago, teens said:

I rented a room in her flat, 

 

That makes a huge difference. Then the eviction notice is generally 14 days to the end of a month.

 

"(3) For residential space under section 549 (2) no. 2, notice of termination is allowed at the latest on the fifteenth day of a month to the end of that month." (§ 573 c Abs. 3)

 

and

 

"2.  residential space that is part of the dwelling inhabited by the lessor himself and has largely to be furnished with furniture and fixtures by the lessor himself, provided that permission to use the residential space has not been given for permanent use to the lessee with his family or with persons with whom he maintains a joint household set up permanently," (§ 549 Abs. 2 Nr. 2)

 

Legal source: § 573 c Abs. 3 i.V.m. § 549 Abs. 2 Nr. 2 BGB, in english.

 

You mentioned that "agreed move-out date of 17th Feb 2018" – was that verbally or written down in the contract, did you sign a "Zeitmietvertrag"?

 

 

3 minutes ago, teens said:

So so far I have around 800-something euros of my deposit back, but she's holding onto 99 euros + the cost of the pillows.

 

You'd have to challenge that legally at a court, I suggest you talk to one of the Berlin Mietervereins before. 

 

 

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First you said the €99 was the cost of the table and then you said the pillows.

 

I would kiss that money good bye just to get out of there. No need to keep fighting with her when you don't want and won't be living there any more.

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I think 99 and cost of pillows.

 

Agree that the money is probably gone, unless she belongs to a Mieterverein.

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