Posted 11 Oct 2021 My landlord just informed me that he will charge me higher rent because he saw a laptop and 2 screens on my desk. I have rented a room in a WG. My contract includes the room only. He came in one time and saw that i have 2 screens and a laptop. We had a problem about the heater which didn't work. After 2 weeks, i told him that if he doesn't fix it, I would talk to a lawyer. He said I couldn't threaten him and now he will charge me more for doing home office. So how applicable is that now during corona times and how was it before as well? I appreciate your help, guys. 3 Share this post Link to post Share on other sites
Posted 11 Oct 2021 I suggest you speak to the lawyer… or visit the Mietverein. On another note, I am not surprised it’s Stuttgart. 1 Share this post Link to post Share on other sites
Posted 11 Oct 2021 He sounds like a real bastard to me. I have a feeling you are not in a Mietverein and definitely don't have legal insurance. A warning to all. 4 Share this post Link to post Share on other sites
Posted 11 Oct 2021 I just moved to Berlin and I do have legal and rental protection insurance. Let's see. I was hoping I could just disregard what he says as unlawful, but it seems like i will need to do some paperwork, right? 2 Share this post Link to post Share on other sites
Posted 11 Oct 2021 Wow! That is good, Michael, that you have legal insurance. Mind you, probably with a waiting time of three months to use. But they will likely have a hotline for you to use anyway for free advice. Is that the case? I don't know if his behaviour is unlawful but he sounds like a bully. 3 Share this post Link to post Share on other sites
Posted 11 Oct 2021 FFS!!! You rent the room - what you do in it is none of his business (as long as it is legal!) 5 Share this post Link to post Share on other sites
Posted 11 Oct 2021 Computer and two screens: List off the games you can play with this equipment. Working from home does not make this a commercial rental. But check the small print in your rental contract just in case! 3 Share this post Link to post Share on other sites
Posted 11 Oct 2021 How is your German? As your sense of German legality is low, I'm guessing the landlord can smell "naive" all over you. And yes, there are no shortage of slimy landlords who will rip you off, lie, cheat, stall, stonewall, mislead, casually omit information, or wiggle out of responsibilities (assuming they even understand or care about those), all the more so when they sense Johnny Ausländer doesn't know any better. Been there myself, thankfully now many years ago. I currently know a friend of a coworker who is new-ish to Germany and being hosed, strung along and lied to by his landlord, re: malfunctioning gas heater that apparently hasn't been serviced in years (very illegal). Other electrics (plugs, switches) were not working when he moved in, and the landlord managed to convince him that he had to pay for both parts and labour to get them fixed. (I advised how he was being hosed, steps he should take, etc. but you just can't convince some people.) So yes, Mietverein first of all. Second, don't be so quick to pull out your six-shooter and shout laywer, because that only results in yet another gun draw on the other side of the saloon. Of course, threatening to charge you more for "commercial" because you have two screens is hilarious. He can't. He's trying to spook you out. Frankly, rather than a senseless legal battle, I'd just look for a new flat/room that's not rented out by a sleazy douchebag. If this is the beginning, what else do you think is waiting for you? Save yourself the aggro and move on. 3 Share this post Link to post Share on other sites
Posted 11 Oct 2021 4 hours ago, Michael Anees said: He said I couldn't threaten him and now he will charge me more for doing home office. So how applicable is that now during corona times and how was it before as well? You can tell him: "Well, due to corona your wife is not coming so often for a fuck, so the bed is used less often, offsetting the overuse of the computer" It's a joke but highlights how stupid his argument is. 4 Share this post Link to post Share on other sites
Posted 12 Oct 2021 I have several computers in my house. By your landlord’s logic, I must be running my own company! Definitely call the legal insurance hotline. We sued our ex landlady when she tried to rip off our Kaution. It was a nice feeling to force her to settle. Good luck! 2 Share this post Link to post Share on other sites
Posted 12 Oct 2021 Thank you, guys. I appreciate it. Yes the 3 months waiting period have passed a long time ago. I will email them and ask for help. 3 Share this post Link to post Share on other sites
Posted 12 Oct 2021 Is this about electricity usage, or "commercial" use? Seems a bit confused. My rent includes the electricity and there's a clause in the contract about excessive use; the rent would also be higher if there were a second person here. If the landlord is paying the bill then it is his business, within reason, what you use it for. I've been thinking about buying a Tesla, for example. I don't think it would be reasonable to plug that in and say "It's none of your business". ;-) 1 Share this post Link to post Share on other sites
Posted 12 Oct 2021 What is the definition of excessive ? Who defines it ? Some mean AHs put clauses in contracts that have no legal basis. The Mietverein will advise. 1 Share this post Link to post Share on other sites
Posted 12 Oct 2021 I don't think that charging extra for an extra person constitutes being an AH. It should all be in the contract. Charging extra for owning computers is just wrong, though. 1 Share this post Link to post Share on other sites
Posted 12 Oct 2021 Well...there is a contract and he should respect it...if its not stated on the contract then there is nothing to claim. I can't see the future but I envision he making up some excuse when you leave to keep your kaution. Anyways, with that kind of people you can't have a healthy relationship...just start looking for a new place and leave. 2 Share this post Link to post Share on other sites
Posted 12 Oct 2021 Nice article: https://www.anwalt.de/rechtstipps/homeoffice-vs-mietrecht-worauf-mieter-achten-muessen_087319.html Quote Entscheidendes Merkmal für die Genehmigungspflicht ist nach dem BGH die Außenwirkung der gewerblichen Aktivität des Mieters. Außenwirkung bedeutet, dass die gewerbliche Tätigkeit des Mieters nach außen hin in Erscheinung treten muss, weil er z. B. seine Wohnadresse auch als Geschäftsadresse angibt, Kunden empfängt oder regelmäßige Warenlieferungen bekommt. The article says that if your work from home activity has no effect on the life outside your apartment (you do not receive clients, do not have a lot of packages coming to your home etc), no permission of the landlord is required. Otherwise, you need their permission. 3 Share this post Link to post Share on other sites
Posted 13 Oct 2021 Hi guys, Yeah he would have to prove that electricity use has increased substantially when compared to periods during which other tenants lived. Now this is a WG, so how can he prove it's my fault if the electricity bill comes too high this year?? Besides, I'm only here for 6 months. Perhaps it's the tenant before or after me that caused the problem and the annual electricity bill to be too high. It's pretty difficult to prove just because I have two screens. I talked my tenant right insurance lawyers. They almost laughed when they heard that. They said, "let him try. So... 5 Share this post Link to post Share on other sites
Posted 13 Oct 2021 Good for you! Don’t be intimidated. Your landlord sounds like a jerk. 3 Share this post Link to post Share on other sites
