Can’t get my deposit back. / Apartment contract was cancelled by landlord before it starts

51 posts in this topic

Hello everyone,

I signed a contract with a landlady, paid the 3660 Euro deposit in cash (stupid me, but at least I have a receipt) and had to move in this November. But 12 days before the contract starts she wrote me an iMessage that she needs this apartment for her daughter and we will not move in. 

She offers me another apartment, but that was unsuitable for my family, so I asked to send me my deposit back asap. 

And now I still can’t receive my deposit back. She tells me that she is in Iran with her family, that because of sanctions she can’t send me my money back and I have to “relax and wait”, called me a "cheap person" and was very rude. And now she is not even answering me anymore.

She also did not put her own house number and postal code in the contract (only the street). Is there a way to get her postal address somehow?

What can I do in this situation? Find a lawyer or try to get Mahnbescheid (court payment order) myself? I am also a member of Mieterverein Muenchen, but they were very useless and ignorant with my case, and I still have 1,5 months of waiting time for legal expenses coverage. So I just spent time with them without any results. 

Would appreciate any advice, thank you!

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You were robbed through fraud. Go to the police where she said she lived and get a report going.

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5 minutes ago, AlexTr said:

You were robbed through fraud. Go to the police where she said she lived and get a report going.

 

My german-speaking colleague called there, they said it is a civil case and asked to go to the lawyer 

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Yes, sounds very much like fraud. Go to the police for an Anzeige. She puts a rental on the market and then all the sudden her daughter needs it? Don't buy this.

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12 minutes ago, Ana Rkn said:

 

My german-speaking colleague called there, they said it is a civil case and asked to go to the lawyer 

 

Escalate until someone takes your report. In the alternative, go to a lawyer. Germany is a loser pays country, so, if you're sure of a win, get a lawyer. It won't cost you. 

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Thanks, I will try again with the police.

 

If this is a fraud, then it was really well played by a good drama queen. She answered me a lot, promised to send the money somehow and even (i don't know what for) sent me the links to her and her husband's Instagram accounts to prove that he is a famous Iranian rapper and "4k Euro is nothing for them". 

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Take all of the communications to the police.

 

Also, search around TT for threads on rental scams, how to rent an apartment, etc. before you attempt to rent another one.

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7 minutes ago, fraufruit said:

Take all of the communications to the police.

 

Also, search around TT for threads on rental scams, how to rent an apartment, etc. before you attempt to rent another one.

 

Thanks, already rented another one. I've read a lot of scum stories, but this is not a typical one: I saw the flat, I paid the deposit only after we signed the contract, I also showed the contract to colleagues from the legal department.

 

The only thing I did not learn from all those stories is not to pay the deposit before you see the keys, or at least not in cash.

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File charges against her with the police. If they are too lazy to talk to you in person, you should be able to do it online and they may talk to you at some point as they see fit. 

 

Did you see ID? Think she gave you her real name? The apartment she showed you may not belong to her. She could have been renting it herself.  Good luck though.

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59 minutes ago, Ana Rkn said:

Thanks, I will try again with the police.

 

If this is a fraud, then it was really well played by a good drama queen. She answered me a lot, promised to send the money somehow and even (i don't know what for) sent me the links to her and her husband's Instagram accounts to prove that he is a famous Iranian rapper and "4k Euro is nothing for them". 

 

Tell her that no one cares who anyone in Iran is. Now the police will be involved. Then go to the cops in person and a lawyer. If the police don't help you, go to the Staatsanwalt's office.

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13 minutes ago, LeonG said:

File charges against her with the police. If they are too lazy to talk to you in person, you should be able to do it online and they may talk to you at some point as they see fit. 

 

Did you see ID? Think she gave you her real name? The apartment she showed you may not belong to her. She could have been renting it herself.  Good luck though.

No, didn't saw her ID. Probably you're right and she just renting it. In this case, hope that the actual landlord has all her details

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Yes, and they are pretty good. I am afraid that they will find out that this woman was not authorized to rent you this apartment and you have been the victim of a very common fraud. Since you have the phone number of this person (she sends you text messages), they may be able to find her if it is a German (+49) number because every mobile number is registered in Germany. This will help you.

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2 minutes ago, AlexTr said:

... they may be able to find her if it is a German (+49) number because every mobile number is registered in Germany. This will help you.

Registered where?? Mine is a pre paid. It is not registered anywhere.

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1 hour ago, Ana Rkn said:

 

My german-speaking colleague called there, they said it is a civil case and asked to go to the lawyer 

 

But beware: If it's about getting the money back, it's a civil case. Neither the police nor the public prosecutor's office will take the money back for you, they are responsible for prosecution. 

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31 minutes ago, Ana Rkn said:

Did anyone had any experience with the cops here?

 

I do through a friend. They didn't feel like they had time for him and told us to file charges online. A couple of weeks later they called him for further info. Eventually they found the guy he was looking for even though he just had a first name and cell phone number. 

 

I think they will find this woman too even if she gave you a bogus name based on the apartment she showed you. All they have to do is look up who owns it. If it's not her, the owner should have the info who had access at that time.

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3 hours ago, Ana Rkn said:

She also did not put her own house number and postal code in the contract

 

I don't see how they can find her. No bank trail or address.

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41 minutes ago, MikeMelga said:

Registered where?? Mine is a pre paid. It is not registered anywhere.

 

By law, even with a prepaid, you are supposed to be required to give identification.  Naturally,  you may have been able to circumvent the law or you may have gotten yours before this law went into effect.

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