Getting into a legal battle against my landlord due to painting and other forced issues during vacating process

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If you can see my other posts then it would be clear why I'm taking the legal route. However i am now going into a legal battle with my landlord because 4 days before vacating the apartment, he wanted me to paint it, even without it being bad and also not required in the contract. Also i lived there only for 2 and half years. He was rude and also he was disrespectful. I've had enough of his bullshit and I'm taking him to court. I took this decision after carefully thinking about the consequences. Also i found out i have a bullshit contract...no sq meters mentioned in my contract and also nebenkost incorrect and no bill for the nebenkost for entire time. Plus i fixed several issues in the house which were not my responsibilities. I think i have enough data. Also I'm taking whatsapp chat printouts where he threatened to take me to court as i reported to him that the water heater broke and i 'Requested' him to fix it as it was winter. Soooooo I think my case is strong. However I would really appreciate any additional tips and rules i need to be aware about so that i have as much support as possible before I begin. 

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Are you a member of the Mieterverein? They will be able to provide assistance. Do you have legal insurance? If so, you can check with a lawyer to see how you can move this forward.

 

You will also need to think about whether it is worthwhile taking your landlord to court. What are you expecting to get out of the situation? Money back from the landlord for incorrect nebenkosten or just telling him you are taking him to court as he threatened you with the same and you aren't happy with the way he treated you? In some cases it's best just to move on from situations and learn from them rather than getting lawyers involved.

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I think warsteiner70 has given you good advice.  Although I am all for taking legal action when it’s warranted, be aware that it could take awhile, especially thanks to COVID-19.  Our case was filed last September and we didn’t get a case number until March, when everything went to shit.  I have heard that in normal times, it takes up to six months to go to court, but these aren’t normal times.  If you can, you should either go to the Mietverein or consult with a lawyer before you go ahead with it.  Hopefully, you have legal insurance.
 

We didn’t take legal action against our ex landlady until it became clear that she wasn’t going to cooperate or compromise AND she falsely accused us of theft, which could potentially threaten my husband’s job.  Also, she likes renting to Americans and her place is priced at a level that would be attractive to people with less money and time to fight her shenanigans.  The amount of money she withheld was significant— about 2500 euros— and the charges she claimed with mostly unsubstantiated or out of statute or just plain illegal.  We don’t actually care about the money, though.  It’s about stopping her from doing this to other people.  Too many landlords in American military communities get away with doing this shit.

 

Do think long and hard about whether you want to go this route.  But if you do decide to go for it, I wish you luck.  It sounds like your landlord is taking the piss, so to speak.

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Thank you guys for your advice. I have gotten a legal insurance and paid 250 for that. I also got photos and video of the apartment. Also I got in touch with a lawyer who said my contract was incomplete and even the size of apartment not me tioned inside. In the ad on eBay kleinezeigen he said it is 75sqmtr but today we measured... It's f**** 46.5sq meter. He left for vacation 3 days before closure of my contract without finalizing with me. I gave him a damn letter that I'm vacating in 3 months in writing even then the a*******e still went away for vacation. The ubergabeprotokoll... He did not give me a copy after we signed.. He just went inside his apartment in 28th July and closed his door. I have my colleague as witness for it. He told me neben kost in Germany will not be given back... My lawyer was dumbstruck when I told him I pay 160euros and heating or electric or nothing else is covered except for water and trash.  I'm telling you this fight is going to be epic. He thinks I don't have insurance. But we'll in any country money can buy you alot of things even insurance if you pay enough. Please wish me luck. I'm in line to get 5k minimum from him. 

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When did you get the legal insurance? Way before the dispute or just now/ recently?

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1 hour ago, Ums said:

eBay kleinezeigen he said it is 75sqmtr but today we measured... It's f**** 46.5sq meter.

:huh: Surely this was obvious when visiting the flat for the first time?! A difference of almost 30 sqm is basically a couple of rooms that are missing!

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1 hour ago, Ums said:

 In the ad on eBay kleinezeigen he said it is 75sqmtr but today we measured... It's f**** 46.5sq meter. 

Strange, what's the room size written in the contract?  

Anyway all the best in your endeavour. 

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I went through similar thing in march...could not get someone for a official hadover and sign off. Lawyer said take tons of pics videos and a witness and send keys via registered mail. At that time lawyer also told me kaution does not legally need to be returned until correspinding nebenkosten statement is recieved..so up to almost a year in the extreme.that surprised me. So i would not expect a quick return. Also as john has asked if you just bought legal insurance it will not cover your lawyer you need it 3 or 6 months in advance i think depends on company. In the end i worked it out with owner and a suragate person to sign for her and got my kaution back in a month. I did however have to advise a lawyer would be involved. Good luck

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1 hour ago, lunaCH said:

:huh: Surely this was obvious when visiting the flat for the first time?! A difference of almost 30 sqm is basically a couple of rooms that are missing!

Not when you just arrived in Germany and also you have no idea about any german language knowledge and see the house at night in december when there is a blizzard outside

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2 minutes ago, lunasuenos said:

I went through similar thing in march...could not get someone for a official hadover and sign off. Lawyer said take tons of pics videos and a witness and send keys via registered mail. At that time lawyer also told me kaution does not legally need to be returned until correspinding nebenkosten statement is recieved..so up to almost a year in the extreme.that surprised me. So i would not expect a quick return. Also as john has asked if you just bought legal insurance it will not cover your lawyer you need it 3 or 6 months in advance i think depends on company. In the end i worked it out with owner and a suragate person to sign for her and got my kaution back in a month. I did however have to advise a lawyer would be involved. Good luck

Well in my instance I have got an emergency insurance which will help me pay for a lawyer for issues start from 1 year in the past. I also have taken tons of pictures and I'm in no urgent need of money. But I will wait out till I get mine. As I have a PR in Germany, I'm not going anywhere soon 😂

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28 minutes ago, Ums said:

Not when you just arrived in Germany and also you have no idea about any german language knowledge and see the house at night in december when there is a blizzard outside

It doesn't matter if the viewing of the flat is conducted in German, Icelandic or Swahili, nor whether there is a blizzard, hurricane or record snowfall outside, a difference of 30 sqm is massive and must be clearly noticeable. I've viewed several properties lately and have noticed when there is a difference of 10 to 15 sqm between what's advertised and what I've walked into and have told the agent this. 

In adverts, surface area is often rounded up and/or exaggerated, with terraces, balconies, cellars, store-rooms you can't even stand up in all marked as fully calculable living space etc, but that large a difference you have there is taking the wee-wee ;)

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