Landlord cancelling internet contract, stated as included when we rented

10 posts in this topic

Hello

We have been renting a fully furnished apartment for coming up to 5 years now, its rented from by an Italian family living in Italy.

We had an issue last year where they said we were using up to much energy which is all included in the price of 750 euro.
they put the rent up to 775 euro, when we looked at the energy bills the extra that they said we were using was refunded at the end of the year but we received no discount on the rent, they tried to do it again this year and we refused as we had already signed a new 1 year contract for 775 euro.

They emailed us yesterday just saying the internet contract runs out and we need to be at home so next week so telecolumbus can collect their equipment router etc.

It seems they are not renewing or getting a new internet contract, as it is included in the contract do they have to renew get a new internet contract, or is it up to us to sort it out, are we entitled to pay less rent in order to cover the cost of a new contract?

 

0

Share this post


Link to post
Share on other sites
1 hour ago, Dizzy B High said:

we had already signed a new 1 year contract

 

Maybe they want you out in a year. Just guessing.

 

Join the Mietverein and ask them. They might tell you to deduct the internet cost from your rent when you have to pay for it if it is in your contract.

 

Good luck!

0

Share this post


Link to post
Share on other sites
2 hours ago, Dizzy B High said:

... and we refused as we had already signed a new 1 year contract for 775 euro.
 

 

You mean you've signed new lease limited to a year? What does the contract give as a reason for the lease to terminate in a year?

 

You need to post exactly what the contracts say to get an accurate picture of the situation.

0

Share this post


Link to post
Share on other sites

I use the internet for work as i am a computer programmer, and was said when we first moved in i needed internet for work and they had said yes of course the apartment has internet.

i need to dig out the original contract (if we still have it) when we first moved in and see if it has internet mentioned on it, the current contract for 1 year we signed in december, einheitsmietvertrag fur whonungen und hauser does not mention internet on it.

we recieved a reply to their email saying: 
 

The apartment had internet access and had been inserted at the beginning because the house had to be rented for short periods, and not continuously.
Now that the contract has expired I have not sought to renew and precise that you will
You have benefited from all these years of INTERNET FOR FREE.
In fact in the contract does not include the WI FI service when it comes to expenses
It refers to water, hot water, electricity, heating and condominium. 
As for on-line payments you can always turn to your Bank or with an Internet Point, otherwise make a new contract for the Internet connection.
I remind you again that the contract expires at the end of April.
Annamaria Greetings

 

0

Share this post


Link to post
Share on other sites
20 minutes ago, Dizzy B High said:

 the current contract for 1 year we signed in december, einheitsmietvertrag fur whonungen und hauser does not mention internet on it.

 

 

Then you have no legal leg to stand on, sorry. That contract counts. Look for a provider asap!

0

Share this post


Link to post
Share on other sites

Of course you need to check your contract, but I would argue with them that this is an "implied term of the contract" because;

 

1)   You specifically asked if there was internet and told yes

2)   Internet has been provided for xxx month as part of the contract

 

Then state that as this benefit has been provided for a long period of time and because it was previously verbally communicated that it was included in the apartment agreement then it has become an implied term of the contract.

 

 

I'm however not sure if this would work!  You would need to talk to the local Mietverein and get their expert and legal opinion.

 

If however you signed a new contract where it was stated explicitly that it was not included then you probably won't have much luck. 

 

 

 

 

 

 

0

Share this post


Link to post
Share on other sites
9 minutes ago, someonesdaughter said:

 

Then you have no legal leg to stand on, sorry. That contract counts. Look for a provider asap!

 

You are assuming that the previous contract actually ended. It seems the OP has been signing new contracts (every year?), but 1 year is too long for short-term rent so the termination clause might be invalid

 

To the OP: go to the mieterverein, and take any previous contracts with you

0

Share this post


Link to post
Share on other sites

Meanwhile, you might want to make nice with Frau Greetings and see if you can just roll the internet contract over into your name so there will be no disruption.

1

Share this post


Link to post
Share on other sites
20 minutes ago, msam said:

 

You are assuming that the previous contract actually ended.

 

Yes. When you sign an new contract that is the one that is legally binding.  

 

Quote

but 1 year is too long for short-term rent so the termination clause might be invalid

 

What clause? According to the op he signed a "enheitsmietvertrag fur whonungen und hauser", a standard contract that has no termination clauses regarding internet (and no internet is included causes either).

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now