Landlord not accepting apartment cancellation registered post

35 posts in this topic

Hello all,

 

Hope you are doing great on the other side of the screen.

 

I am having a weird experience now.

I have my apartment contract ending June 2018 with one month notice period. I have already dropped a mail(1st May 2018) as well a contract termination letter to landlord registered post. But the post isn't receipt by him. 

Below is the status as of now of the post:

Status of the shipment Further processing steps
XXXXXXXX The recipient has been notified. The consignment is ready to be picked up at the responsible branch of Deutsche Post (XXX).

 

I tried calling him but he is not accepting my calls and looks like am also blocked on whatsapp.

What should be the next course of action from my end? This is my first time in Germany and this experience is really getting into my nerves. Am I done from my end or should I send another letter if he doesnt collect the post from branch office?

 

Another point to add here is, there was a bit of cut on the couch and I told him the same and he asked me the cost of the same would be 600 Euros, insisted on replacing the couch and when I asked him for the bill receipt he said he don't have one. What should I do now?

Since then he isn't responding to my calls.

 

Looking forward to some support to tackle up this.

 

best regards,

newTraveller.

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Join the Mietverein. Have them contact him, as soon as he sees a letter from them you'll get a reply. If you join now they won't represent you legally in current legal matters (existing problems) but they might give you advice and write a letter on your behalf.

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best way to send mail to a landlord is via einschreiben EINWURF - in this case they just deliver the letter as usual, without a signature, but verify (with tracking data) when exactly it was delivered.  This means you can prove the letter entered his "sphere of influence" and the rest is his problem (ie if he loses it or whatever). 

 

Problem with the method you used is that if he doesn't (or possibly can't - I myself have a very hard time getting to the PO during their opening hours due to - ahem - work) schlep to the PO to pick it up, it will be returned to you and will never enter his "sphere of influence".  IE:  legally it's as if you never sent it.

 

 Alternately, you could have a bailiff serve the letter but to serve your kundigung that seems a bit much.

 

eta:  how long has it been since it reached his PO?  He has 7 working days to pick it up so until that's passed, you can't assume he won't finally retrieve it. Still you should always use einschreiben einwurf to avoid this kerfuffel and "not knowing"

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1 minute ago, lisa13 said:

best way to send mail to a landlord is via einschreiben EINWURF - in this case they just deliver the letter as usual, without a signature, but verify (with tracking data) when exactly it was delivered.  This means you can prove the letter entered his "sphere of influence" and the rest is his problem (ie if he loses it or whatever). 

 

Problem with the method you used is that if he doesn't (or possibly can't - I myself have a very hard time getting to the PO during their opening hours due to - ahem - work) schlep to the PO to pick it up, it will be returned to you and will never enter his "sphere of influence".  IE:  legally it's as if you never sent it.

 

 Alternately, you could have a bailiff serve the letter but to serve your kundigung that seems a bit much.

Thanks for the valuable suggestion lisa13, so now I am planning to go personally tomorrow with a friend of mine and will ask the landlord to sign the receipt that he has received the kundigung would that work?

If he doesn't signs it can my friend act as a witness if required at later point of time. Or

 should I send another Letter with einschreiben EINWURF?

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27 minutes ago, Snowchief said:

Join the Mietverein. Have them contact him, as soon as he sees a letter from them you'll get a reply. If you join now they won't represent you legally in current legal matters (existing problems) but they might give you advice and write a letter on your behalf.

Thanks Snowchief, i have an appointment with the mietverein lawyer next week for the same just wanted to see how I can prepare myself for it.

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7 minutes ago, TravellerNew said:

Thanks Snowchief, i have an appointment with the mietverein lawyer next week for the same just wanted to see how I can prepare myself for it.

Be completely honest and stick to the facts, hopefully they'll do the rest. That's what they do.

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you didn't answer my follow-up question about how long it's been since it reached his PO.  He has 7 business days and as I pointed out, it can be a real pain in the ass to get to the PO to pick one of these up.  I never "rush" when someone hassles me with a registered letter I have to go out of my way to retrieve.

 

if you want to go to him personally have him sign and date your copy of the kundigung.  For other options, you have an appointment with the mieterverein - cool your heels and wait for their advice, based on the details of your contract, etc.    

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15 minutes ago, lisa13 said:

you didn't answer my follow-up question about how long it's been since it reached his PO.  He has 7 business days and as I pointed out, it can be a real pain in the ass to get to the PO to pick one of these up.  I never "rush" when someone hassles me with a registered letter I have to go out of my way to retrieve.

 

if you want to go to him personally have him sign and date your copy of the kundigung.  For other options, you have an appointment with the mieterverein - cool your heels and wait for their advice, based on the details of your contract, etc.    

Its about 5 days nkw and am a bit nervous as I have not much experience in how these things work in Germany and we are expecting a baby after two months so have to take care if that as well and with this mental stress on i am really not able to manage my work life balance. :(

 

Even if he receives the letter from post office its good but getting a signed receipt copy would in anyway be helpful. That's what I am planning as of now.

 

15 minutes ago, lisa13 said:

you didn't answer my follow-up question about how long it's been since it reached his PO.  He has 7 business days and as I pointed out, it can be a real pain in the ass to get to the PO to pick one of these up.  I never "rush" when someone hassles me with a registered letter I have to go out of my way to retrieve.

 

if you want to go to him personally have him sign and date your copy of the kundigung.  For other options, you have an appointment with the mieterverein - cool your heels and wait for their advice, based on the details of your contract, etc.    

31 minutes ago, lisa13 said:

best way to send mail to a landlord is via einschreiben EINWURF - in this case they just deliver the letter as usual, without a signature, but verify (with tracking data) when exactly it was delivered.  This means you can prove the letter entered his "sphere of influence" and the rest is his problem (ie if he loses it or whatever). 

 

Problem with the method you used is that if he doesn't (or possibly can't - I myself have a very hard time getting to the PO during their opening hours due to - ahem - work) schlep to the PO to pick it up, it will be returned to you and will never enter his "sphere of influence".  IE:  legally it's as if you never sent it.

 

 Alternately, you could have a bailiff serve the letter but to serve your kundigung that seems a bit much.

 

eta:  how long has it been since it reached his PO?  He has 7 working days to pick it up so until that's passed, you can't assume he won't finally retrieve it. Still you should always use einschreiben einwurf to avoid this kerfuffel and "not knowing

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19 minutes ago, Snowchief said:

Be completely honest and stick to the facts, hopefully they'll do the rest. That's what they do.

Thanks for the motivation Snowchief. Surely will discuss it with them

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20 hours ago, lisa13 said:

best way to send mail to a landlord is via einschreiben EINWURF - in this case they just deliver the letter as usual, without a signature, but verify (with tracking data) when exactly it was delivered.  This means you can prove the letter entered his "sphere of influence" and the rest is his problem (ie if he loses it or whatever). 

 

Problem with the method you used is that if he doesn't (or possibly can't - I myself have a very hard time getting to the PO during their opening hours due to - ahem - work) schlep to the PO to pick it up, it will be returned to you and will never enter his "sphere of influence".  IE:  legally it's as if you never sent it.

 

 Alternately, you could have a bailiff serve the letter but to serve your kundigung that seems a bit much.

 

eta:  how long has it been since it reached his PO?  He has 7 working days to pick it up so until that's passed, you can't assume he won't finally retrieve it. Still you should always use einschreiben einwurf to avoid this kerfuffel and "not knowing"

Hi Lisa,thanks, I dropped another post today with einschreiben EINWURF as you suggested and its delivered(that's what I can see from the status), I hope sending multiple copies of same letter should not be an issue and next action from my side is I have an appointment with  Mietverein as I mentioned previously on coming Monday. Is there anything you would like to suggest me with? I read somewhere that a delivered letter doesnt mean the  kundigung  was accepted, the landlord can deny that the envelope was blank or there was no letter in it, any feedback/suggestion from your side on this?

As he has completely blocked me (not accepting the call, blocked on whatsapp, not responding to the mails). Looking forward to hear from you.

Thanks

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10 minutes ago, TravellerNew said:

Is there anything you would like to suggest me with?

 

Stop panicking. Have you considered that your landlord might simply be on holidays? People do that from time to time, I do it too. And depending on the destination I don't even take my mobile with me – no calls, no mails, no messages, quite relaxing. 

 

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1. Join the Mietverein.

2. In the meantime, if you are going to your landlord's place anyway, deliver the letter yourself. If you take someone witnessing you putting the letter in the envelope and then in his mailbox, it's hard to see how your landlord could claim he didn't receive the notice.

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39 minutes ago, someonesdaughter said:

 

Stop panicking. Have you considered that your landlord might simply be on holidays? People do that from time to time, I do it too. And depending on the destination I don't even take my mobile with me – no calls, no mails, no messages, quite relaxing. 

 

I saw him in the building and as soon as he saw me coming out he simply drove away. And talking about relaxation part, blocking on WhatsApp doesn't seems nice enough I can see his profile picture from my other number but not from the number which he have. I know I might be sounding weird but this is what the scenario is as of now.

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24 minutes ago, LukeSkywalker said:

Don't pay the rent for June and then he will contact you.

 

Being on a foreign land(even in my country) I would never go against the law that's what my perspective is :)

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20 minutes ago, Smaug said:

1. Join the Mietverein.

2. In the meantime, if you are going to your landlord's place anyway, deliver the letter yourself. If you take someone witnessing you putting the letter in the envelope and then in his mailbox, it's hard to see how your landlord could claim he didn't receive the notice.

Thanks Smaug, yes I already have membership filled up.

I had actually planned to visit today with one of my friend but somehow he didn't came to work not so many friends I have whom I can take as a witness. :(

Although the Letter as Lisa suggested (einschreiben EINWURF) is already delivered, a big thanks for Deutsche post of that :) hope he doesn't argue that it was a blank envelope.

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1 minute ago, TravellerNew said:

Although the Letter as Lisa suggested (einschreiben EINWURF) is already delivered, a big thanks for Deutsche post of that :) hope he doesn't argue that it was a blank envelope.

 

 

By "blank" you mean that it had no return address? That doesn't matter.

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Just now, TravellerNew said:

Hi Malt, What's SP? Please elaborate s bit 

 

SP = Forum member "SpiderPig". He's TT's unofficial knee-breaker, but he's not around right now.

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