Landlord presented another flat to next tenant

39 posts in this topic

I wanted to quit my flat before the end notice (End April). I made an appointment with a new lady tenant that reconk she would renovate and bring own kitchen by March. The Admon said I needed to remove the floor and that the flat must be painted before and the lady change her mind and was ready to move until april without floor removing. Floor removing was new to me. As I received the flat It was painted in all colors and I bought the kitchen and other furniture from the old tenant and agreed to renovate. I was furious about the floor but I remove it and paint and take everything out. Still in february I put an ad and screen 20 possible next tenants, there were only two with the admon requirements (No WG, no students, no Pets, no Arbeitlos, no more than 3 person, good income and fix job, must bring kitchen and new floor) I sent the applications to the admon and hope for a positive answer. The next tenant B had an appoinment with the admon. The admon said the two of them didnt comply with the requeriment to stay longer than 2 years. As I called again tenant B he told me he has not problem with that and aditionally the Admon had not presented him my flat at all but another flat saying that my flat was on a very bad condition. Later I discovered that indeed the floor was belognig to the flat and I would not need to take it out. When I confronted the landlord about not considering my flat for the tenant that I Look for and introduce to him, he said he has independiently presented and it was not me who presented him. Next time he said that it was the tenant who didnt want to, was not about the 2 years staying and additionally it was not his decision but the landlord. So he make a quick contract to tenant B to another empty flat and I have to continue on the flat March and Aprill Aditionally the Administrator said that the flat walls must be better painted and that the quality was not good and etc. This situation of unfairness really damage my psyque and I went to the doctor to have an certificate just in case. I took the quarentine to improve my painting and finish other things whiles working and living on an empty flat, sleeping in the floor no refrigerator and washing cloths by hand.

I wonder if I had a case against the administrator for asking me to remove a floor that I didnt have to take out, (got a injury by the way), rejecting a perfect tenant claiming that it was the tenant (the tenant told me that the landlord wanted to introduce a kitchen on the flat and was not interested at all on renting my flat at the moment and that he was never presented with my flat). I would gladly apreciate your knowledge and advice.

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Are you a member of the Mieterverein, or have insurance? They can give advice.

I understand this is stressful for you, but do use spell checker- it will help clarify some of your post.

 

 

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42 minutes ago, RedMidge said:

but do use spell checker

 

and paragraph breaks. I couldn't finish more than half of your post.

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Too long, didn't read: The OP found a nachmieter but the "admon" made a deal with the nachmieter to rent them another empty flat in the building.  OP also agreed to remove the floor and do other renovations they may not have had to do.

 

OP, do we understand correctly that you wanted to get out before end of April but now it's end of April anyway?  Did you give your notice in time and you are moving now?

 

IMO you should join the mieterverein and ask them about your rights.  I don't think you can get money from the "admon" or landlord for removing the floor because you agreed to do it even though you didn't have to.  You should have joined the mieterverein before you started to renovate and asked them then how much you have to renovate, if at all.  Now that you've already renovated, you should join anyway because they will help you with your next flat if you have a problem and they can also tell you if there is anything you can still do about this one.

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You are  “admon”ishing the OP, Leon!

Agree, difficult to read!

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Okay Darcy Turner, if you ever write a book, please, please do NOT send me a copy to proof read!!!

 

Too many questions come up, for instance:

- were you trying to get out of your rental contract early, and thus looked for a Nachmieter, or were you just looking for somebody to take over the lease when you left? The latter is not your job!

- what is the issue with the flooring? Was it there when you moved in? If so, it belongs to the flat.

- the liability to re-paint a flat depends upon how long you have lived there

- why were you living in an empty flat, with no washing facilities in order to renovate? Where is your "stuff"?

- are you pulling our legs here?

- if not, go and join a Mietverein tomorrow!

 

 

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2 hours ago, Darcy Turner said:

     I wanted to quit my flat before the end notice (End April). I made an appointment with a new lady tenant that reconk she would renovate and bring own kitchen by March. The Admon said I needed to remove the floor and that the flat must be painted before and the lady change her mind and was ready to move until april without floor removing. Floor removing was new to me.

      As I received the flat It was painted in all colors and I bought the kitchen and other furniture from the old tenant and agreed to renovate. I was furious about the floor but I remove it and paint and take everything out.

     Still in february I put an ad and screen 20 possible next tenants, there were only two with the admon requirements (No WG, no students, no Pets, no Arbeitlos, no more than 3 person, good income and fix job, must bring kitchen and new floor) I sent the applications to the admon and hope for a positive answer. The next tenant B had an appoinment with the admon. The admon said the two of them didnt comply with the requeriment to stay longer than 2 years. As I called again tenant B he told me he has not problem with that and aditionally the Admon had not presented him my flat at all but another flat saying that my flat was on a very bad condition.

     Later I discovered that indeed the floor was belognig to the flat and I would not need to take it out. When I confronted the landlord about not considering my flat for the tenant that I Look for and introduce to him, he said he has independiently presented and it was not me who presented him. Next time he said that it was the tenant who didnt want to, was not about the 2 years staying and additionally it was not his decision but the landlord. So he make a quick contract to tenant B to another empty flat and I have to continue on the flat March and Aprill .

     Aditionally the Administrator said that the flat walls must be better painted and that the quality was not good and etc. This situation of unfairness really damage my psyque and I went to the doctor to have an certificate just in case. I took the quarentine to improve my painting and finish other things whiles working and living on an empty flat, sleeping in the floor no refrigerator and washing cloths by hand.

I wonder if I had a case against the administrator for asking me to remove a floor that I didnt have to take out, (got a injury by the way), rejecting a perfect tenant claiming that it was the tenant (the tenant told me that the landlord wanted to introduce a kitchen on the flat and was not interested at all on renting my flat at the moment and that he was never presented with my flat).

     I would gladly apreciate your knowledge and advice.

 

- for those who prefer paragraphs...

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Sounds like another case of a landlord taking advantage of a clueless foreigner. 

 

As mentioned, renters are usually not responsible for redoing flooring, unless you did something very weird with it. The previous tenant or your landlord should've had the walls repainted white before you moved in, that's pretty standard (also for you too). A landlord and a tenant have no obligation to sign a contract just because they looked at a flat, so not much you can do there.

 

I can only join the chorus and say, spell-check and paragraphs please. 

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Thanks for your replies, however it is not possible to edit the post. Or somebody would please point me where to.;)

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I forgot how rude some of you are and didn't care to check, sorry -_-. I am editing my original post. I avoided obvious details that, seem not obvious to you.
The Administrator (Admin) agreed to me leaving early if I give him a new suitable tenant (End tenancy April).
When I introduce him to the first optional tenant, he fancied that I needed to remove the floor and to paint better. I asked a couple of German friends one of whom is a lawyer, to read the contract, to be sure I was obliged to. They didn't read it attentively and told me I have to. Later, I read it myself and realised I should not, but I have already taken it out.
I move out my furniture, took out the floor and painted. Honestly, I didn't want to have problems with the admin.
In February, I put an advertisement and screened, 20 possible tenants. There were only two with the Admin requirements (No WG, no students, no Pets, no Arbeitlos, no more than 3 people, good income and fix job, must bring kitchen and new floor). The admin rejected the applicants with the new fancy requirement to stay longer than 2 years.  I checked with one tenant and he told me that he met the administrator and my flat was never referred to and that the Admin had shown him other and also that the landlord didn't want to rent the flat because he wanted to put a kitchen first.
The admin said the new tenant was independently introduced to him (not me). Then I told him I have proof I introduced that tenant. Then, he changed his argument and said, it was the tenant who didn't want to because of the deplorable condition of the flat (Actually I have the letter of intent of tenancy, where the tenant said, he was ready to renovate himself to his own cost).
I decided to improve the flat, at this point I was working and living on an empty flat, sleeping on the floor no refrigerator and washing clothes by hand. Why? because the admin agreed that I introduced him a tenant and move out. The real intention of the admin was that I vacated the place of my belongings, so he could renovate at peace during the time I was paying the rent.
I wonder if I have a case against the administrator 1. for asking me to remove a floor that I didn't have to take out, (got an injury by the way),
 2. rejecting a perfect tenant, unsubstantiated. 3. putting me on a regrettable mental state and 4. have to bear with your derision. I feel a monetary compensation would be needed to clear my soul.
  I would gladly appreciate your knowledge and advice.

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It sounds like they are trying to get the apartment renovated at the cost of the tenant, i.e. leaving tenant gets rid of the floor and the new tenant installs a new floor.

 

I still think you should join the mieterverein and I'm not sure if you have a case but they can tell you what they think.  

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I use to be in the tenants association. However, when I moved, I was no longer allowed to continue, with the same city association. In a smaller city, everybody knows each other, and the new association lawyer seemed not likely to get in trouble for their costumers. In any case, on making the transference protocol, the new administration felt so lovely and relaxed.  Far was I to realise, something could go this wrong. Graciously, please do not bother to reply, if you don't know and just snort, thanks and kind regards.

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Thanks for cleaning up your post.

 

Hire a lawyer. I've never heard of a tenant being asked to remove a floor unless they had damaged it severely or a new tenant installing one. 

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Thanks for your replies, does not take anything to keep polite and to the business.
The floor was on a top condition. I have Photos and prospective tenants as witnesses. 
Perhaps I am delusional, but I keep my hopes to find some relevant advice amongst this community.

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Sorry, but I doubt you have a chance of success. He asked you to do things - he didn´t force you to do it. Hiring a lawyer would likely be throwing good money after the bad. The fact that he deceived you into doing it by dangling him letting you out of the lease prematurely but not following through might give you a chance IF you could prove that he never had this intention from the start. But that´s near to impossible. Just my layman´s view.

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I agree with jeba, I don't think you have much of a case.  Surely you can find a lawyer who tells you that you have a good case because they want your money.  The case will drag on and on in the court system.  It's your word against the admin.  The tenant who you had lined up who told you that he would have been ok to take your apartment may change his mind once you are out of the house and he is still living there and has to deal with this admin.  If you want to spend the money and see where it leads to, go ahead but don't expect much.  More likely, you will end up losing more money and not going away happy.

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Is it possible that the potential new tenant just liked the other apartment better? Or did they never see yours? Is the other apartment better?

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On 24/4/2020 23:40:46, fraufruit said:

Is it possible that the potential new tenant just liked the other apartment better? Or did they never see yours? Is the other apartment better?

The tenant (Nachmieter) was invited to the other Flat without my presence, so my flat was not considered by the Administration (Verwaltung). Yes if presented the other it would have been more appealing. However, I happen to have the application and letter of intent from the tenant saying he has seen my flat and was ready to renovate and put the new kitchen at his own cost. Additionally, I have a WhatsApp chat where the tenant confest to me that the Owner was not in the mood of renting just now.

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On 24/4/2020 19:04:46, LeonG said:

I agree with jeba, I don't think you have much of a case.  Surely you can find a lawyer who tells you that you have a good case because they want your money.  The case will drag on and on in the court system.  It's your word against the admin.  The tenant who you had lined up who told you that he would have been ok to take your apartment may change his mind once you are out of the house and he is still living there and has to deal with this admin.  If you want to spend the money and see where it leads to, go ahead but don't expect much.  More likely, you will end up losing more money and not going away happy.

 

Well, we will see. I can feel that most of you are owners, so not much of experience on the topic. Additionally, I know, I am crazy enough to believe in justice.

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