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greedy landlord

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hello everyone 

so here is another same story, the landlord from whom I rent is very greedy

I pay excessively high rent, I realise now that he took advantage from me when I moved in last year, he was playing it "cool and nice" and now I want to move out and he started making me problems

first, when moved in, he said its totally ok if I want to sublet, or in case I want to move out he I should notice him 1 month before 

 

Now :  he wants a three month notice, and he won't return the Kaution before next year !!!  also, I found someone who wants to take over the flat, but landlord won't answer my messages...  I think, he wants to cheat and never pay Kaution back, or some other creepy things

 

 

can I do something ? I mean, can I sue him for the excessive high rent I am paying ?Should I stop paying the rent until he answers me or starts sue me and I take it from there ?

all our conversations are by emails or SMS.. should I send him postal ?

 

any tip is appreciated

 

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join the mieterverein.

 

It is not at all unusual for the landlord to hold back at least part of the kaution to cover nebenkosten shortages.  They will not get the bill for nebenkosten from this year until some time next year, so you just have to live with that.

 

regarding your notice period, it should have been laid out in black and white in your contract.  3 months from your side is absolutely standard.

 

subletting should also be covered in your contract.

 

join the mieterverein and ask them about demanding a rent reduction.  You may be entitled to one if you are paying more than 20% over the prevailing cold rent for a comparable apartment.  But you need profi help with that.

 

join the mieterverein.

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hey Lisa, thanks for your reply

 

I checked on this http://www.stadtentwicklung.berlin.de/wohnen/mietspiegel/ and I pay more than double 

how do I join the mieterverein ? my German language knowledge is very basic but I can do some bureaucratie 

thanks 

 

 

EDIT / do you have advice about stop paying rent until he answer ?

also, NEBENKOSTEN,  he takes 200 euros from me for water and heating while its a 37sqm, no Berliner from my friends wasn't extremely chocked knowing this amount

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You will get back some of the Nebenkosten if you paid too much. The landlord has to give you a detailed overview of what was used and return the rest of the money. Just make sure they do a Zwischenablesung (reading of meters) when you move out.

Did you rent the apartment empty or furnished? AFAIK there are different rules and regulations for furnished apartments.

 

Check which office of the Mieterverein is closest to you.

https://www.berliner-mieterverein.de/sprachen/englisch.htm

and maybe give them a call to ask where you can go to get help in English.

 

 

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Waelito,

 

How much is excessively high rent (per month)?  I've got a 35sqm apartment and Nebenkosten is 100 euro/month.  You should get a detailed list from the landlord that shows the actual costs for your apartment for the year end reconciliation.  

 

S

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On 6/25/2019, 5:28:43, waelito said:

hey Lisa, thanks for your reply

 

I checked on this http://www.stadtentwicklung.berlin.de/wohnen/mietspiegel/ and I pay more than double 

how do I join the mieterverein ? my German language knowledge is very basic but I can do some bureaucratie 

thanks 

 

 

EDIT / do you have advice about stop paying rent until he answer ?

also, NEBENKOSTEN,  he takes 200 euros from me for water and heating while its a 37sqm, no Berliner from my friends wasn't extremely chocked knowing this amount

 

You may have  more troubles if you stop paying the rent. What I would do is like other have said is join the mieterverein.

If you decide to communicate directly with the owner it should be in writing, and sent by post with return receipt. Regarding the 3 months notice, that's law unless you have a special agreement with your landlord to move sooner. Does the contract say 3 months notice to move out?

 

Regarding "excessively high rent", the mieterverein can let you know their thoughts on the amount of rent. 

 

Wondering did you not check that site you posted before you rented the apartment to compare the rents  for a similar size flat in your area? 

 

 

 

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I will surely join the Mieterverein

should also take insurance ?

both ways, does like unacceptable to join and take insurance and directly jump to action ?

 

long story make it short : owner took advantage of me for many reasons among them language.

in my contract nothing stays that it is furnished unless it us between lines ?

thank you all for replies and spreading awareness 

 

 

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3 hours ago, waelito said:

in my contract nothing stays that it is furnished unless it us between lines ?

 

Did it have furniture in it when you moved in?

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4 hours ago, waelito said:

I will surely join the Mieterverein

should also take insurance ?

both ways, does like unacceptable to join and take insurance and directly jump to action ?

 

long story make it short : owner took advantage of me for many reasons among them language.

in my contract nothing stays that it is furnished unless it us between lines ?

thank you all for replies and spreading awareness 

 

 

 

the "awareness" is already here, over and over again, in multiple threads.  

 

but I have my spoon today: 

 

insurance will not cover you for pre-existing issues.  

mieterverein membership comes with legal insurance for tenant/landlord issues (eta though if you already have your own you may be able to waive the mieterverein insurance and get a reduced membership fee)

this kind of insurance is primarily used when going to court/suing someone.

 

the mieterverein will review your issues and advise you on what to do, they may write letters to your landlord on your behalf, and in that sense, yes they will jump into action from the start.  That is what they are best for and that's why you should have a membership.

 

they will NOT help you get revenge on your landlord, which honestly sounds like part of your motivation here?  Anyway you are moving out so you should DEFINITELY have the mv support as it sounds like you will need it.

  

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thank you Lisa

and its not to revenge from landlord, its that right should be right 

and no one should take advantage from ppls misery 

thanks a lot 

 

 

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you are most welcome

 

I totally sympathize with your situation, by the way.  I hope everything works out for you!

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If a work contract or a rental agreement does not include verbal agreements you have made during negotiations, then they do not apply.    It is a tough lesson to learn.   :(

 

I don't know how it is now, but in the past, landlords had something like six months to return the Kaution.    Going forward, make sure any rental contract includes a stipulation that the apartment will be inspected within one week after move out and Kaution will  be returned within 10 business days.    For people who aren't sure how long they plan to stay in Germany, it is critical to get this in writing. 

 

Good luck.  

 

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As lisa13 has already pointed out 10 days is not realistic since it is used until the yearly reconciliation. Anyway. Sometimes I think that especially for expats coming from countries where tenants have nearly no rights whatsoever  (just two weeks back I returned to Germany coming from an Englisch speaking country where as per local newspapers government had been busy trying to figure out why so many families(!) became homeless recently finding that roughly 70% had been evicted on short notice just because landlord wanted to sell and they werent able to find anything they could afford) we should be happy to be in a place where this is handled slightly different and not overstreching it just because its inconvenient now that we want to move out.

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1 hour ago, Wherearewegoingto said:

As lisa13 has already pointed out 10 days is not realistic since it is used until the yearly reconciliation. 

 

The inspection should be done asap and there should be a statement detailing any amount that will be deducted from the Kaution.   That way, if the renter wants to dispute the charges, it can be done immediately.    If weeks and months pass before the inspection report is received, there is a lot of room for bad behavior. 

 

The nebenkosten are formula based so any dispute can be resolved by a review of meter readings, bills and calculation methods.  

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The inspection should be done with the tenant present at the time of the key handover. 

 

Bills for apartments are usually delivered to the landlord once per year. That is why they are allowed to hold at least part of the kaution back.

 

 

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1 hour ago, balticus said:

 

The inspection should be done asap and there should be a statement detailing any amount that will be deducted from the Kaution.   That way, if the renter wants to dispute the charges, it can be done immediately.    If weeks and months pass before the inspection report is received, there is a lot of room for bad behavior. 

 

The nebenkosten are formula based so any dispute can be resolved by a review of meter readings, bills and calculation methods.  

Thus making it completely uninteresting for private investors to rent out leaving the market to tough professional investors who dont give a flying for tenants. 

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Just now, Wherearewegoingto said:

Thus making it completely uninteresting for private investors to rent out leaving the market to tough professional investors who dont give a flying for tenants. Been to NYC didnt like it.

 

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21 minutes ago, Wherearewegoingto said:

Thus making it completely uninteresting for private investors to rent out leaving the market to tough professional investors who dont give a flying for tenants. 

???

 

Every single person I know in Munich , except for one, rents from a private investor. 

 

And they too are often jerks.

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No, did not want to quote myself but edit and correct it. So if someone can please deleted my post quoting myself. Thx

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A landlord with  a few flats to rent out can be a jerk but dealt with on normal level. Having to deal with a multimillion real estate investment company is a real issue.

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