Apartment problems/Landlord

87 posts in this topic

I’ll start offf saying that I know I need to go to the Mieterverein. They helped me out once before. I would just like to know if I’m crazy or not. 

 

My landlord lives below me. I am in the middle of a really long divorce 2+ years. My ex still has his name on the rental contract. He moved back to Australia. I have a new boyfriend (no, I did not cheat). 

 

My problems are as follows:

 

-have not received a Nebenkosten Rechnung in the 5 years that I’ve lived here.

-my Rollladen have not worked properly in a few years (I told them this a few years ago)

-my balcony door doesn’t work properly. They know this and haven’t corrected it in a year or so.

-heating is broken in one room

-they say I have a Mitbewohner because my boyfriend stays over a few nights a week. Apparently, I need permission for someone to stay with me overnight. He will stay over and he always chips in for his share of the food and beer, etc. Geez, is this the norm if you want to spend time with someone your love? Ask the landlord for permission?

-They say my rent was late a lot, but it wasn’t. It is paid within the way it is stated in the contract (3 business days). It was late one time because my ex took off and left and said that he would help out with the rent and then just stopped. 

-I am not allowed to ride my bicycle anymore. She says I have too many. I only have two, but she says I have 4. I wanted to sell one, but I’m waiting for the right weather. Also the snow blocked the bicycle rack for weeks and I couldn’t get it out. 

-Minor, but annoying— she refuses to change my name to the correct title that I have on the mailbox

-Lastly, she is telling me to get something smaller and cheaper and that she doesn’t want someone living there if they don’t make 6000 netto. I don’t make that, but I’m able to pay the rent. 

 

She has agreed to work on the broken things and the Nebenkosten, but I really just didn’t like being told what I can and cannot do in an apartment that I pay rent for. 

 

If you read all that, then thank you. 

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16 minutes ago, klingklang77 said:

My ex still has his name on the rental contract. He moved back to Australia.  

 

First things first this needs to be sorted out asap. You need a new rental contract drawn up in your name. The problems you list can then be solved.

 

Re. The bicycles - I'm assuming the other two are the property of your ex? 

Cannot understand how one person can say you have 4 when you say you only have 2 otherwise.

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24 minutes ago, klingklang77 said:

-they say I have a Mitbewohner because my boyfriend stays over a few nights a week. Apparently, I need permission for someone to stay with me overnight. He will stay over and he always chips in for his share of the food and beer, etc. Geez, is this the norm if you want to spend time with someone your love? Ask the landlord for permission?

 

Depending on how your Nebenkosten are calculated, you might have to pay more with a Mietbewohner: some costs are calculated as proportional to the number of people living in the apartment. But I do not know at what point someone visiting regularly should start being considered a permanent resident.

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3 minutes ago, pmd said:

 

First things first this needs to be sorted out asap. You need a new rental contract drawn up in your name. The problems you list can then be solved.

 

Re. The bicycles - I'm assuming the other two are the property of your ex? 

Cannot understand how one person can say you have 4 when you say you only have 2 otherwise.

 

Thank you for your reply. His name is still on the contract because she refuses to give me my own contract. I’m not sure how divorce works with rental contracts, tbh. I do know that if I had his name taken off I could no longer live here. I need a place to live right now, obviously.

 

I think the other two bicycles are from my neighbour above me. They are not mine. She said that she allowed my ex and I to only have two. I have two and his name is still on the contract. 

 

Another to note is that I want this all taken care of before the divorce is actually finalized, so I won’t be responsible for paying for any thing they might come up with after I move. 

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33 minutes ago, klingklang77 said:

..

-have not received a Nebenkosten Rechnung in the 5 years that I’ve lived here.

...

 

If the landlord fails to provide the Nebenkosten within 3 years then by law you no longer have to pay it!

 

So actually, it is in your interest to keep quiet and not mention this!

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4 minutes ago, cfq said:

 

Depending on how your Nebenkosten are calculated, you might have to pay more with a Mietbewohner: some costs are calculated as proportional to the number of people living in the apartment. But I do not know at what point someone visiting regularly should start being considered a permanent resident.

 

Thank you for your reply. I get how they do per person for Nebenkosten. The thing is there are still two names on the contract. To be honest, I rarely turn on the heat. I use water, but I’m careful about it. And etc. 

 

I wonder how they could say that he is a permanent resident as well. He had a key for some days when I worked late and then he lost it. I guess now she thinks he lives with me. I mean I trust him and I don’t think it’s wrong to give a key to someone. I mean I give the cat sitter a key when I leave town. Where is the line drawn? 

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5 minutes ago, dj_jay_smith said:

 

If the landlord fails to provide the Nebenkosten within 3 years then by law you no longer have to pay it!

 

So actually, it is in your interest to keep quiet and not mention this!

 

I know that I’m not responsible, but I’m pretty sure they owe me money. There is no time limit to getting money. 

 

I also think if they don’t give it to you the following year by Dec 31st, then I’m not responsible. I’m just really curious how they will actually do it. The garbage isn’t collected regularly, the streets are really cleaned, and the family does all the yard work and shoveling. I also didn’t get any checks done in a few Januarys for heating. They have no records. 

 

I really just want the broken stuff fixed and not be hit with bills when I move out. I also would like to ride my bike and I would like to have my boyfriend over. 

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4 minutes ago, klingklang77 said:

I wonder how they could say that he is a permanent resident as well. He had a key for some days when I worked late and then he lost it. I guess now she thinks he lives with me. I mean I trust him and I don’t think it’s wrong to give a key to someone. I mean I give the cat sitter a key when I leave town. Where is the line drawn? 

 

 

That's not something you need to worry about. Your boyfriend can visit you as much as he wants and you are entitled to give keys to your apartment to any anyone trustworthy.

 

The line is drawn:

 

1. You boyfriends stays with you continuously for longer than six weeks.

2. You put your boyfriend's name on your mailbox. Don't do that. Your landlady could then rightfully claim that he lives there.

 

I can't think of anything else off the top of my head. You can have your boyfriend staying with you every weekend, or during the week, or for two weeks or one-week on / one week off. You don't have to tell your landlady and neither should you. It's none of her business.

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29 minutes ago, Smaug said:

 

That's not something you need to worry about. Your boyfriend can visit you as much as he wants and you are entitled to give keys to your apartment to any anyone trustworthy.

 

The line is drawn:

 

1. You boyfriends stays with you continuously for longer than six weeks.

2. You put your boyfriend's name on your mailbox. Don't do that. Your landlady could then rightfully claim that he lives there.

 

I can't think of anything else off the top of my head. You can have your boyfriend staying with you every weekend, or during the week, or for two weeks or one-week on / one week off. You don't have to tell your landlady and neither should you. It's none of her business.

 

Thank you for that. He doesn’t have a name on the mailbox, and he has never stayed continuously for 6 weeks. I think the most was a month, but he went to visit his family on the weekends. I don’t know how it could be proven that he has lived here for 6 weeks +. 

 

I did mention to her that I was getting help (financially from family and friends). This is when I was friendly with my landlord. But help can mean many different things. This is also when I was doing very badly; I’m much better now. 

 

She really does not like my bf. I have no idea why. I think because I will ask questions and bring him as my translator. I don’t think she likes that very much at all. 

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First off, I think you have been incredibly patient and this landlady sounds like a right bi*** to me.

It's a good thing that you are part of the Mieterverein. I think you should definitely take their help. Let us know how this plays out please. 

Are you both on the contract as equal parties, or just your ex husband?

 

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1 hour ago, dj_jay_smith said:

If the landlord fails to provide the Nebenkosten within 3 years then by law you no longer have to pay it!

Actually, the landlord's claim to reimbursement expires by the end of the next calendar year after the billing/settlement period. If the billing period goes from July-June, for example, the landlord must provide the final settlement for July 2017-June 2018 by the end of 2019.

 

The tenant is not required to pay anything beyond that period, but if the landlord owes the tenant money, the tenant still has a claim to it.

 

Sorry to hear about the messy divorce, @klingklang77 - the defects in the apartment are definitely something the Mieterverein can advise you on. The best way to address it is to reduce the cold rent by a commensurate amount (recommended by the Mieterverein) until the defects are repaired. Defective shutters are a minor thing, but the total lack of heating in a room essentially renders that room uninhabitable, so that's considered a major defect. Likewise the balcony door, because it endangers the safety and integrity of the apartment overall.

 

Best of luck, and please report back on what the Mieterverein tells you.

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It seems to me that if she didn't lower the rent when your husband moved out, she cannot now charge more for 2 people.

 

I hope you can get to the Mietverien soonest.

 

You are not crazy but your landlord sounds certifiable.

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To answer the above. 

 

The key to the flat was one of those ones that works for the main door and my door. You know those expensive ones. Is that a problem?

 

I’m getting my butt asap to the Mieterverein. I just realized that it expired, so I renewed it this week. 

 

Ex and I are both on the contract. The divorce has been super messy. I refuse to take his name off the contract because I do not want to be responsible for things legally. 

 

I’ve taken on board the things I need to talk to about lack of heating in one room and the balcony door. I’ll see what the Mieterverein says. I know my LL is trying to push me around. I’m not even sure if I am going to respond to her last message for a while. I mean at least until I see someone at the Mieterverein. 

 

Can I get money off my rent for the heating not working and the balcony door not working?

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2 minutes ago, klingklang77 said:

Can I get money off my rent for the heating not working and the balcony door not working?

 

It is possible. The Mietverein will explain and maybe even send a letter to your landlord.

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2 hours ago, klingklang77 said:

His name is still on the contract because she refuses to give me my own contract.

 

31 minutes ago, klingklang77 said:

I refuse to take his name off the contract because I do not want to be responsible for things legally. 

 

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33 minutes ago, deadsoul said:

 

 

 What is your point here deadsoul? I don’t get how you are connecting the two quotes you have above. 

 

I don’t want his name taken off because then I will have no place to live until I am secure in finding something. My landlord refuses to give me a new contract. Since all three parties (landlord, me, ex) need to give permission that the lease is changing, then I wouldn’t have anywhere to live until I get a new apartment. 

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Taking his name off the door does not alter the fact that he is still on the contract, so liable for  costs.

Yes- Mieterverein ASAP, and maybe B/F can pay towards a new key!

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2 hours ago, klingklang77 said:

She really does not like my bf. I have no idea why. I think because I will ask questions and bring him as my translator. I don’t think she likes that very much at all. 

 

I had the same thing with my previous landlord. We were all very happy when the Nachmieter signed and we never had to deal with him again.

Maybe something to consider. A new start and a new apartment.

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30 minutes ago, RedMidge said:

Taking his name off the door does not alter the fact that he is still on the contract, so liable for  costs.

Yes- Mieterverein ASAP, and maybe B/F can pay towards a new key!

 

BF has offered to pay for a new key and even gave his Hauptversicherung or whatever that insurance is called. We went down there peacefully and said that insurance will pay for it. She said it was a security concern because the key was lost. She said she wanted to get the locks changed and she refuses to give me further keys. My ex lost his key and the key they had replaced doesn‘t work correctly. There are three keys in total. I only have one key that works and the other only works half way. This was months ago that I put in the insurance claim. Still nothing. 

 

That‘s interesting that you say that if his name is taken off the mailbox, then he (ex) is still liable for costs. I have asked a few times to get his name taken off because I keep getting ex‘s Mahnungs. Like I said he just left and doesn‘t want to take care of his debts. I‘ll get further info from the Mieterverein. I sent her one last response and said I‘ll be in contact with a lawyer. That‘s the best I can do with this situation right now, as uncomfortable as it is. 

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