Landlord hasn't returned rental deposit, looking for legal advice in Erlangen

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Hello everyone, I'm having a problem with an old landlord. It's now been over six months since I left the flat, and he still hasn't returned the deposit. It's been a string of increasingly flimsy excuses. The agent who found the apartment for me keeps telling me to be patient (of course she gets her fees from the landlords, not me), but it's a lot of money and I really can't wait any longer. I'm looking for legal advice as I suspect that he doesn't have the money, and I might have to take him to court to get him to pay. I've looked at the Mietverein in Erlangen, but they seem to offer general advice rather than actual legal support. My German is decent, but for a legal matter I'd rather work with someone who can speak to me in English. Does anyone have a recommendation for a lawyer in the Nuremberg/Erlangen area? Thanks!

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5 minutes ago, sarahlink said:

Hello everyone, I'm having a problem with an old landlord. It's now been over six months since I left the flat, and he still hasn't returned the deposit. It's been a string of increasingly flimsy excuses. The agent who found the apartment for me keeps telling me to be patient (of course she gets her fees from the landlords, not me), but it's a lot of money and I really can't wait any longer. I'm looking for legal advice as I suspect that he doesn't have the money, and I might have to take him to court to get him to pay. I've looked at the Mietverein in Erlangen, but they seem to offer general advice rather than actual legal support. My German is decent, but for a legal matter I'd rather work with someone who can speak to me in English. Does anyone have a recommendation for a lawyer in the Nuremberg/Erlangen area? Thanks!

 

When we had an issue we went to the Mietverein in Fürth.

 

They corresponded directly with the landlord. 

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Panda has explained very clearly how to get a payment order/Mahnbescheid

You should be able to to this on your own, as a first step.

 

Depending on how much money he owes you getting a lawyer could quite easily cost you a large share of that amount, particularly if you really suspect the landlord cannot pay you need to keep that in mind.

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I think you will find that a Mahnbescheid is only for enforcing the non payment of an overdue invoice for goods or services..

 

In a case like this, it is NOT a clear cut B/W contract.

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Its all in German... 

 

even though I speak excellent German... I cant read nor write it!

 

How can the OP send a claim for the deposit when there will be deductables ?

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You will complain that the court has issued its verdict in German but the landlord is not entitled to sit on the deposit for so long just in case there might be deductables,  Amtsgericht Hamburg (45 C 74/02,  16.12.2002). He can claim them back later if it really takes him so long to work it out but he must return the money.

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Second the  Mietverein. First thing is they will tell you what the rules are regarding returning the deposit, and the second thing is they will be able to send a letter on your behalf. Usually a letter does the trick. The reason being is it shows the landlord you know the law and have the Mietverein behind you. 

 

good luck and please update

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Thanks everyone, this is all really good advice. I have an appointment next week at the Mietverein, but I will ask them whether they think the Mahnbescheid is a good course of action for me - much less expensive than getting a lawyer. I don't think he can claim any deductibles apart from the cleaning fee that was included in the contract. I left the apartment spotless, didn't break anything during the short period I was there, and it's been long enough that if there were any problem, he should reasonably have found it by now. His excuses have all been that he's on vacation and can't get to the bank, he extended his vacation, family illness, etc.

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8 hours ago, LeChamois said:

You will complain that the court has issued its verdict in German but the landlord is not entitled to sit on the deposit for so long just in case there might be deductables,  Amtsgericht Hamburg (45 C 74/02,  16.12.2002). He can claim them back later if it really takes him so long to work it out but he must return the money.

Not according to this court verdict: https://www.kostenlose-urteile.de/AG-Dortmund_425-C-535017_Anspruch-auf-Rueckzahlung-der-Kaution-besteht-erst-nachdem-alle-berechtigten-Forderungen-des-Vermieters-beglichen-sind.news25931.htm

It explicitely says that there is no such thing as a 6 months deadline.

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