Landlord wants me to pay to change the entire flat floor

31 posts in this topic

The first picture clearly shows a watermark. So I can understand their concern. Any idea where it may come from? Are there more of them? Was it already there when you moved in?

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On 23/12/2020, 14:45:51, medk said:

because they have been in this business for a long time and I'm sure they know every aspect about it.

 

Well, I doubt that if they are trying to shake you down, because they should know what they are doing is bullshit. Or the more likely scenario is that they do know and they also know full well that what they are doing is bullshit. But as a foreigner, it is easier to throw a bunch of legalistic mumbo jumbo at you, shoot first ask questions later, and threaten high costs if you don't do XYZ.

 

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The only reason why I could agree to pay for 1 or 2 square meters is to avoid unnecessary dispute and gain peace of mind in return. But as I said, I don't remember

 

Don't. It is nice to be fair and reasonable when doing so on mutual terms, but these aren't fair and reasonable people. If you give an inch, they will take a mile. The premise they've given, that somehow there is a lake under your flooring, is completely absurd. I don't need to add any advice, but will repeat do not accept their summary and plan of action. 

 

We have one spot in our kitchen which is similar (this entire building was built in 2016, we are the third and longest tenants so far). It is straight beneath the oven, where it meets the cupboards on the floor. I was surprised to see a corner of one 'tile' swelling in that spot, since it's nowhere near the sink. I realized eventually it is from when I was cleaning the oven a week or so before, and when giving it a last wipe-down after with water, some dripped down on the floor past the over door hinges and absorbed into the laminate. The little hump seems to be permanent, even though the water only pooled there once and probably only a few hours max. It is much less obvious than your photos. Only a thumb-sized swelling, no visible borders, only really obvious if you get on the floor and look at it from an angle. Personally I am hoping the landlord and tenants after us, whenever that is, will not notice... 

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On 12/23/2020, 1:26:54, dampstew said:

First, don't sign the Übergabeprotokoll (at all). You are not required to sign it, so unless the content is advantageous to you, there is no point in signing it. Take pictures and movies as evidence for yourself. Witnesses are also useful.  

 

Second, landlords can't offload normal wear and tear on tenants. If your flat was renovated ("appear new"), AND it's stipulated in your lease, you might have to renovate on your way out. But both conditions must be met (you must have received a renovated flat - if not, the clause about having to renovate on your way out is invalid). 

 

It sounds like they are asking for money on the ground that you damaged it (through negligence, presumably). That does sound ridiculous to me - unless you had a leaking washing machine that you didn't fix or something like that, damage like that is their fault. Especially since no damage even seems to exist (wtf do they mean by "bump"? It's clearly just some shitty material that degraded over time).

I wonder why would you refuse to sign Übergabeprotokoll. 

 

It should be good for both parties to sign it with pictures, right?

 

 

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3 minutes ago, kapil354 said:

I wonder why would you refuse to sign Übergabeprotokoll. 

 

It should be good for both parties to sign it with pictures, right?

 

No! No ! No!

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On 12/23/2020, 1:26:54, dampstew said:

First, don't sign the Übergabeprotokoll (at all). You are not required to sign it, so unless the content is advantageous to you, there is no point in signing it. Take pictures and movies as evidence for yourself. Witnesses are also useful.  

 

Second, landlords can't offload normal wear and tear on tenants. If your flat was renovated ("appear new"), AND it's stipulated in your lease, you might have to renovate on your way out. But both conditions must be met (you must have received a renovated flat - if not, the clause about having to renovate on your way out is invalid). 

 

It sounds like they are asking for money on the ground that you damaged it (through negligence, presumably). That does sound ridiculous to me - unless you had a leaking washing machine that you didn't fix or something like that, damage like that is their fault. Especially since no damage even seems to exist (wtf do they mean by "bump"? It's clearly just some shitty material that degraded over time).

I wonder why would you refuse to sign Übergabeprotokoll. 

 

It should be good for both parties to sign it with pictures, right?

 

Secondly, was wondering if you can ask for the original invoices of laying down of the floor? I mean the floor looks old and must have had some depreciation to it... already :). What do the experts on the forum think about that?

 

 

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I would simply ask to see the part of the renovations bill that itemises the sealant they used to seal the laminat when first fitted...

 

If it wasnt sealed, then thats a huge failure on behalf of the Landlord/Handwerker!   

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I've never heard of sealing laminate.

 

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It shouldn't be necessary to seal your laminate floor. The flooring boards come with a super-hard finish that is designed to last for the life of the floor, and the boards are designed to lock together so tightly that water can't seep between them. It's difficult to seal the gaps between boards any better than they already are anyway, and an extra surface coat won't do much good -- and could even be harmful. Sealing the perimeter of the floor to prevent water from seeping under the floorboards, on the other hand, is a recommended practice.

 

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Many homeowners wonder if it is recommended to seal laminate floors. The short answer is “yes,” but there's a lot more to this task than simply picking up a basic can of sealer and painting it onto your new laminate. When properly sealed, laminate floors resist spills better and offer greater durability.

 

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Übergabeprotokolls typically confirm liability (for example, if it says "floor damaged", then it implies the tenant damaged it and must pay). Sometimes it even contains additional agreements that are not subject to the normal "contractual fairness test" (it may contain agreements that wouldn't be allowed in the tenancy agreement as unfair). So, unless you have no concerns about accidentally admitting liability or agreeing to something, the safe thing is to simply not sign it.  @kapil354

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On 12/25/2020, 3:49:17, jeba said:

The first picture clearly shows a watermark. So I can understand their concern. Any idea where it may come from? Are there more of them? Was it already there when you moved in?


I don't remember if it was there when I moved in (we both took picture, but the pictures were not too close to this spot, and did not have the right angle to be able to compare). I only remember that I felt the floor was fragile and bad quality. I also don't remember dumping water. My understanding from what I have read here, if I did not do something that shows negligence from side, it should be considered normal wear and tear?
 

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Is there a way to repair the damage without replacing the floor? 

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