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Need advice, dispute with the Landlord over "Ungezieferbekämpfung"

3 posts in this topic

Hi All,

I live in a house with three apartments.

I have a dispute with my landlord over silverfishes and their termination. I had contacted him last year to inform that the house is infested with silverfishes. They contacted a company, they used pesticides twice- in all 3 apartments and the problem is mostly gone.

 

I received the Nebenkostenabrechnung and to my surprise the abovementioned cost (~400€) is included only in my cost calculation. To my knowledge, landlord is responsible to pay for such an infestation and the renter will pay only if he's the sole cause of the issue. I have objected and he came up with two points:

  •  I must pay as "Schädlingsbekämpfung" is to be paid by the renter according to the Nebenkosten item in the contract- which I object again, such one-time spraying is not part of this item.
  • As most of the insects are in my apartment, I am the reason of the issue- which I cannot accept again, having the most insects in my apartment shows there are insects in my apartment, that doesn't show I am the source of the problem.

 

So, I will also get a consultation from my law insurance, but I would like to ask if anybody had such an issue. How should I pay the Nebenkosten now; paying the rest and not paying this 400 or paying all and then go to the court?

 

Thanks all in advance.

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I guess paying €400 would just about be okay if the silver fish were gone, but it seems they are not gone!

I guess you have already searched the internet for tips to get rid of silver fish? So, assuming you have followed all available advice and they are still there, I would assume that you are not the one responsible for them being in the property.

My best advice would be to get proper legal advice on this issue - probably you will have to get a survey of the issue done privately and then present it to the landlord to prove that you are not causing the problem, but are suffering from it.

Are you a member of the Mietverein? If so, book an appointment there and see what they have to say.

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What caused them? Damp caused by you not ventilating adequately?  Or damp caused by structural problem?  If the apartment is still damp and dirty, they will just come back.

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