Eviction due to problems with flatmates

15 posts in this topic

I am a male student living in a private WG for more than 10 months that is shared with 2 other female students. I have a contract in my name directly with the landlord.

 

Recently, I had an argument on Whatsapp Group with the other flatmates on an issue of using Kitchen space. I used a sarcastic tone but without any explicit offensive language. However, the girls got really emotional, left the group and complained to the landlord about me. 2 days later, I received a warning letter from landlord for misbehaving with flatmates and that if I repeat it again, my contract will be terminated. On this, I had a chat with landlord on Whatsapp and I told that I am willing to leave the apartment in one month given that I can find an alternate place. Later on, landlord followed up on the status and I explained that I am having a difficulty in finding a new place. On this, he got furious and started threatening me via Whatsapp messages by saying that as I am living with women, he can easily get me kicked out by involving court and police.

 

I did not have any verbal or physical fight with my flatmates. Only chat we had is saved on Whatsapp group and to be honest, I can absolutely find nothing threatening or criminal in that. I would like to know, if my landlord really can get me in trouble on this issue? I told him that I do not want to take it up to court, however, he does not seem to budge. I am thinking about reporting it to police first before he gets me into a fake case by making up a story. My flatmates are not speaking to me at all and I am sure they will take side with the landlord. Any suggestions on what are my options here?

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That is a truckload of bull, all of it.

Are you the Hauptmieter? Is this a furnished or unfurnished apartment? Is it a limited term contract?

As always in this case - join the Mieterverein (tenants' rights organization) in your town! It is an absolute must in Germany.

They will sort out your legal standing, and help you write a letter to the landlord.

 

Off the top of my head, he doesn't have a leg to stand on, and is taking advantage of a foreigner. A classic sport here.

 

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Heck, don´t you kids talk to each other anymore? If you havn´t yet realized how incendiary people can get on so-called social media then maybe you should re-evaluate your strategies.

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1 hour ago, Metall said:

That is a truckload of bull, all of it.

Are you the Hauptmieter? Is this a furnished or unfurnished apartment? Is it a limited term contract?

As always in this case - join the Mieterverein (tenants' rights organization) in your town! It is an absolute must in Germany.

They will sort out your legal standing, and help you write a letter to the landlord.

 

There is no Hauptmieter or Untermieter setup. I have a direct contract for an individual room on unlimited basis. The room was unfurnished and the apartment was also furnished by a fellow flatmate herself. I believe here, I am suffering from being an Ausländer and perhaps due to subtle racism too since both girls are Germans. 

Will Mietverein also help me in arranging a lawyer? I am now afraid that even if I leave the apartment, the landlord might not return me the Kaution for that I might need to engage a lawyer anyway. 

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1 hour ago, LoneAlone said:

I had an argument on Whatsapp Group with the other flatmates

 

1 hour ago, LoneAlone said:

I had a chat with landlord on Whatsapp

 

1 hour ago, LoneAlone said:

he got furious and started threatening me via Whatsapp

 

1 hour ago, LoneAlone said:

chat we had is saved on Whatsapp

 

This is just wrong on so many levels. 

 

I agree with @slammer. Based on results, Whatsapp isn't a very good communication tool. Why doesn't everyone just sit down face to face?

 

And I'm old.

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55 minutes ago, LoneAlone said:

There is no Hauptmieter or Untermieter setup. I have a direct contract for an individual room on unlimited basis

 

That's not possible under German law. Your status needs to be clarified, and I would bet money that you are a Hauptmieter of your part of the apartment, as the landlord does not live in the apartment as well (a requirement for Untermiete).

You are being taken for a ride! (Had a similar crapshoot going on when I was in college.)

 

Again - become a member of the Mieterverein ASAP. You need to clarify your status.

 

Alternatively, move out to a better place. But even then become a member of the Mieterverein!!

 

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15 minutes ago, Metall said:

 

That's not possible under German law. Your status needs to be clarified, and I would bet money that you are a Hauptmieter of your part of the apartment, as the landlord does not live in the apartment as well (a requirement for Untermiete).

You are being taken for a ride! (Had a similar crapshoot going on when I was in college.)

 

Again - become a member of the Mieterverein ASAP. You need to clarify your status.

 

Alternatively, move out to a better place. But even then become a member of the Mieterverein!!

I just checked with Mieterverein and they're saying that their lawyer will provide me support only until it is an out of court matter. If it goes to court, then I have to take care of that part myself. I need to decide between a Mieterverein or Rechtsschutzversicherung. Can you briefly guide on which is better in my case considering I might have to extract my Kaution back from my landlord?

 

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38 minutes ago, fraufruit said:

I agree with @slammer. Based on results, Whatsapp isn't a very good communication tool. Why doesn't everyone just sit down face to face?

I would disagree. I am happy that at least the conversation is documented. Seeing where it has reached now, I would have nothing in my defense had it been a face to face interaction. 

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35 minutes ago, LoneAlone said:

I just checked with Mieterverein and they're saying that their lawyer will provide me support only until it is an out of court matter. If it goes to court, then I have to take care of that part myself. I need to decide between a Mieterverein or Rechtsschutzversicherung. Can you briefly guide on which is better in my case considering I might have to extract my Kaution back from my landlord?

 

Neither will help you if your case goes to court, due to the 90-day waiting period and exclusion of past claims.

 

The Mieterverein will assist you with legal advice and letters to your landlord all the way up to going to court, however. A membership with them usually includes legal aid insurance, so it isn't an either/or prospect anyway.

 

Unless you're withholding information, it doesn't sound like your landlord has any legal grounds to evict you, so worrying about suing him to get your deposit back might be a bit premature at this stage. If you insulted your landlord in your Whatsapp group, for example, that could be grounds to terminate your lease.

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4 minutes ago, El Jeffo said:

If you insulted your landlord in your Whatsapp group, for example, that could be grounds to terminate your lease.

Thanks for sharing. Landlord was not part of that group and he is not insulted at all.

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I can't imagine what court would want to hear about this kind of BS. They have more important things to do. Or should have!

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Ah, it is one of those kitchens where you stand in a space 50cm x 50cm surrounded on three sides by the oven the sink and the fridge. The miniscule sliver of space which passes for a work surface cannot accomodate a spice rack and a bread bin without overflowing.

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