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Landlady/Haupvermieterin has not given deposit back yet - is this right?

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Hi Everyone, 


I think this is one of my first posts here, I view this forum a lot and it has helped me a lot since moving to Germany from the UK. Sorry for the long post that is coming.


I have some questions regarding an issue I am currently facing - not so much of an issue, I just want my money back for my deposit which I am owed (and I feel I am fairly owed).


So I moved into a flat in Köln in August 2018, could've been September but definitely in the autumn of 2018 as an Untermieter as the woman who was living there at the time moved to Berlin and wanted to rent out the apartment until her contract ended.


This was in the Chlodwigplatz area of Köln. She charged me 780 per month rent as well as an Abschlag of 600 euros which covered the fridge, TV, mirror there and a few other things, which I feel again was a waste of money but as a foreigner in need of an apartment it seemed like the right move.


I gave my Kündigung in March (6 months into my tenancy) as my dad had a heart attack and I did not want to stay in Germany knowing that he was unwell and could possibly fall further into illness. There were 3 months notice since announcing the Kündigung.


I left on June 30th and lived in an Airbnb for a week before flying back home to England, living in the UK before deciding to move back to Bonn in the autumn of 2019 as I had found a job there.


So, now the backstory is out of the way.  I paid a ridiculous amount of rent per month and as a foreigner I know for a fact she fleeced me for the price. I confirmed this once I gave the Besichtigung to the new German couple that moved in that told me they were paying a lot less money and wanted to ask if I was paying the same.


The Kaution was 3x the rent price so around 1600 euros give or take.. I closed my Sparkasse account so I am not entirely sure how much exactly, although I can always phone the Sparkasse KölnBonn to check my previous outgoings.


So as of now - December 2019 I still have not received my Kaution back from the apartment. This has now been 5 months and I was told there were no issues with the flat as I left, everything was in perfect condition and I was told I would receive the Kaution back as soon as the Nebenkostenabrechnung had been calculated and assessed. 


I asked a few days ago and she told me she has received the Nebenkostenabrechnung for 2018 and will receive the one for 2019 in March when she is back in the Rheinland area. Once this has been calculated she will take away anything that I need to pay and give my deposit back (8 months since I left the property).


Is this legal? I am more than willing to admit that as a foreigner desperately searching for a flat I signed the contract knowing it was too expensive and I can say I have learned my lesson in this regard. However, I feel it is unfair to still hold my Kaution which is around 1500 euros. 


I am sure she will try to fleece me here as well, I am willing to take a 500 euro loss on the Kaution, although more than that feels unfair.


I work with lawyers and I am tempted to get one of them to write a letter demanding the money - if I am in the right.


I still have the contract, the written abschlag, the text messages from her and screenshots I took every month to show that I paid the rent. 


Please help Toytown! and once again, sorry for the long post!


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