Studentenwohnheim tenant won't return my deposit, any ideas?

18 posts in this topic

Good evening everyone,

 

Basically, i lived in a Student dormitory as a Student for a couple of months in an Untermiete/Zwischenmiete policy in a legal manner through an official contract between me and the room owner and we signed it at the Studierendenwerk's office, i paid the two months in advance plus the deposit which is the sum of 3 months Miete divided by two.

Since i have never lived in such a place, i didn't have any experiences or expectations, second week of my stay, the electronic door knob wouldn't open, turns out it ran out of batteries, the incident happened on a sunday almost midnight, my only resort was to call a company which had its number written on a flyer inside the dormitory in case of any emergencies, this company works for the studierendenwerk but its a private company and its services are 'kostenpflichtig' but it was either that or sleep on the floor, one guy showed up and switched the batteries, i notified the owner which was abroad and he only sent me a couple of sorrys for the incident and that he didn't notify me that such things could happen. 

One week before i was leaving, he would send me the bill he received from the company asking for a total of 45 euros, he asked me to try and explain to the studierendenwerk that it was just a battery and that i didn't know about it, the student dormitory said that the money must be paid, i argued that i wasn't responsible for what happened, that it occurred only a few days after i arrived and that the room owner had plenty of time to realise his batteries were running down therefore he should take responsibility for his mistake, they actually agreed with me but they had to because the room is not mine anyways.

I left it by the 30th of september in a perfect state, and i have been ever since waiting for the deposit to be paid back to my bank account.

One week earlier, i stopped at the studierendenwerk and they told me that the contract was signed between me and the room owner, thus they had nothing to do with the deposit! 

if the room owner is holding a grudge against me, he would send the deposit minus the 45 euros + any imaginary damage that i left behind, but he didn't send a cent, and that's what's worrying me even more, do i even have the right to have my deposit back? how is it that the studierendenwerk have no responsibility for arranging deposit payments in a zwischenmiete?

the Hausmeister is telling me 3 weeks is the max period, but what happens if he still doesn't pay me back by then? 

sorry if i ranted too much but i'm quite desperate for an answer since i'm a Student and i need the money,  Any help with this would be awesome. Thanks!

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I suggest you ask your students council whether they are offering free legal advise? Where I studied they did.

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have you sent the legal "landlord" (the person you are subletting from) a Mahnung? 

 

that's usually the first step - do that.  Include a reasonable "pay by" date, your banking info, and mail it via einschreiben *einwurf*.  Keep a photo copy of the original letter, then keep a record (I just print the tracking info from the post) showing it was delivered.  

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On 10/11/2018, 1:41:00, lisa13 said:

have you sent the legal "landlord" (the person you are subletting from) a Mahnung? 

 

that's usually the first step - do that.  Include a reasonable "pay by" date, your banking info, and mail it via einschreiben *einwurf*.  Keep a photo copy of the original letter, then keep a record (I just print the tracking info from the post) showing it was delivered.  

i did not but i plan on doing, thanks for the detailed instructions, it's been almost two weeks and i'm not getting any clues that he's sending me my deposit back so it's about time for me to act.

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I only have one experience with this in Germany, but that was all it took to get my deposit back - I just had to formally ask for it ;)

 

good luck!

 

 

 

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7 minutes ago, lisa13 said:

I only have one experience with this in Germany, but that was all it took to get my deposit back - I just had to formally ask for it ;)

 

good luck!

 

 

 

Thank you! do you think i should engage in a conversation and if that fails send the Mahnung or directly with the formalities?

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I would just send the mahnung.  they are probably expecting it, but even if they don't respond by your pay by date, you're already ahead (time wise) if you need to file a demand with the courts.

 

check for threads here on the topic to see what needs to be included in the letter - it's not as bad as it sounds, just an ass covering move for your own self.

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3 minutes ago, lisa13 said:

I would just send the mahnung.  they are probably expecting it, but even if they don't respond by your pay by date, you're already ahead (time wise) if you need to file a demand with the courts.

 

check for threads here on the topic to see what needs to be included in the letter - it's not as bad as it sounds, just an ass covering move for your own self.

i appreciate that, nevertheless what if i try and reach the person by any means (email facebook whatsapp) and if he doesn't respond/doesn't cooperate then i get to use the mahnung? i just want to see his motive behind this because his attitude doesn't make any sense. i'll do that tonight and post updates.

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omg JUST SEND THE MAHNUNG

 

his motivation does not matter one bit.  what matters is that he pays you. I don't even know what "attitude" you're speaking of, as from what you have said, he simply has not returned your deposit as of two weeks after you moved out.  WHATEVER!

 

I guess you can call him or something but why?  just ask for your money.  And if it doesn't work and s/he ignores it you have already started laying the groundwork so you can  go on to send a mahnbescheid.

 

that's it.  good luck.

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7 minutes ago, Endstation said:

i appreciate that, nevertheless what if i try and reach the person by any means (email facebook whatsapp) and if he doesn't respond/doesn't cooperate

 

Why are you so negative, anyway? Does that person even have your account number to transfer the deposit?

 

7 minutes ago, Endstation said:

 

then i get to use the mahnung? 

 

Yes, that's what Lisa already suggested. 

 

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11 minutes ago, Endstation said:

 i just want to see his motive behind this because his attitude doesn't make any sense. i'll do that tonight and post updates.

 

You can see his motive.  He does not want to pay for something if someone else can.  It's probably the most common motive there is.  Makes total sense.

 

Hence why the reminder (Mahnung) is also a very common process.

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9 minutes ago, someonesdaughter said:

 

Why are you so negative, anyway?

 

hmm.. i can't spot the negativity but thanks for your valuable information.

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1 minute ago, Endstation said:

 

hmm.. i can't spot the negativity but thanks for your valuable information.

 

The two weeks aren't even over yet, just asking seems to be an insurmountable hurdle for you, but you're already pushing panic, I find that negative. 

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well, i find your comment myself to be negative, unconstructive and pre-judging. ever since i found out the studierendenwerk was not gonna force him to pay and the hausmeister gave me a hint that it should take 3 weeks, i was just being patient, and i'm not panicking whatsoever, i'm a very chill person actually B), thanks again.

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Your first post considers the possibility that not paying your is even worse than merely holding "a grudge" against you and that you found this very worrying.  That would be pre-judging and might also not be read as "chilled".   Understandable.  OK not to be chilled in this sort of situ.   Of course you want your money back.   Why should someone else have it?  This is a business transaction.    Hausmeisters are great but they are not necessarily our advisor.

 

How long does one have to not get one's own money before one can stop "pre-judging"?  Again, this is why there is standard process with typical times at which they are applied.  Means we don't have to "judge" anything.   Debtors play these odds of course.   They know some creditors will obsess about their "motivation" rather than simply pursue them.   Or possibly be too "chillled" to.    

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Hi @Endstation :)

 

One reason some TTers might appear to be a little impatient with you is possibly coz you seem to be what the Germans call 'Beratungsrezistant' = reluctant to accept advice.

 

Here's a tip or three for future reference...

 

This type of topic should always be posted in the 'Legal' sub-forum, (where I will move it to shortly).

 

Before posting any new topic you should always check first (by putting a key word or two in the site search box at top right) whether another thread exists which deals with the same theme because that topic thread is where you should post your questions.

 

At the top of the thread topic listing in the 'Legal' sub-forum there are several sticky threads (pinned with a green pin symbol) at least 2 of which you should read now.

 

One is dedicated to tips and advice on how to deal properly with rental contract (Mietvertrag) issues which includes lots of info on reclaiming a security deposit (Kaution).

 

Another offers equally thorough explanations on how to proceed in the event you might need to issue a reminder (Mahnung) or obtain a civil court order to pay (legally a Mahnbescheid).

 

There's a third one on how to deal with the situation if you are on the receiving end of the same and a fourth on How to get legal advice or representation in court if you have limited means or a low income.

 

FYI , no matter what whoever told you (I suspect they realized it would be easier on them to tell you what you wanted to hear, tbh) there is no requirement in German law for a landlord to return a security deposit within 3 weeks.

 

In 34 years living here I have never heard of anyone having got their deposit back in less than a couple of months and in many cases (reported in TT and in all German social and legal forums) it can take 6 - 12 months!

 

Good luck and, for the sake of your good health and sanity, do try to relax and be a little bit more patient.

 

2B

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2 hours ago, Endstation said:

well, i find your comment myself to be negative, unconstructive and pre-judging. 

 

It's not pre-judging but obviously post-judging. I'm judging your impatient and incomprehensible behavior as presented by yourself (!) in this thread.  

 

You left that dorm by the 30th of September – claiming "i have been ever since waiting for the deposit to be paid back to my bank account". But obviously not even that is true:

 

Quote

 

One week earlier, i stopped at the studierendenwerk and they told me that the contract was signed between me and the room owner, thus they had nothing to do with the deposit! 

 

 

You started this thread by October, 11 – a week before you already tried to instrumentalize the Studierendenwerk, only a couple of days after you moved out. That is not "patient". That's the opposite.

 

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and the hausmeister gave me a hint that it should take 3 weeks, i was just being patient,

 

No, you got impatient after only a few days. 

 

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 and i'm not panicking whatsoever, i'm a very chill person actually B), thanks again.

 

If you are so chilly then why all the excitement about the Studierendenwerk, Mahnungen and the suspected motifs of a person you haven't even talked to?

 

btw that's what's least understandable: that you don't even get the idea of talking to your landlord and asking him to pay back the deposit quickly because you need the money. Civilized people at least try to talk to each other before they unpack the legal club.

 

And jftr: if your contract does not provide for an extremely short deadline for the repayment of the deposit, you will have no legal leg to stand on. 

 

Call it "negative" or "unconstructive" because its not what you want to hear – but this is an open forum and ppl will judge what you write here, like it or not.

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to be fair, I was the one urging him to just send a mahnung instead of pfaffing around calling or emailing/texting/etc the hauptmieter - on that point the OP seems innocent 

 

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