Fristlose Kündigung for non-paying of usury rent

33 posts in this topic

21 hours ago, lebenundlieben said:

, I just started paying the fair amount

 

I do this all the time: paying what I think is the "fair" amount.  I almost bought a new car this way and I almost buy my groceries this way too.  I almost had dental work done (their prices are crazy) and I almost took a trip overseas and almost stayed at a fairly nice hotel.

0

Share this post


Link to post
Share on other sites
2 hours ago, catjones said:

 

I do this all the time: paying what I think is the "fair" amount.  I almost bought a new car this way and I almost buy my groceries this way too.  I almost had dental work done (their prices are crazy) and I almost took a trip overseas and almost stayed at a fairly nice hotel.

LOL, OK. :). Sorry, I did not chose the right words and made everyone confused.

 

I meant of course "fair" in the legal meaning, according to §5 WiStG. It says that the rent must not be higher than the regular local rent according to Mietspiegel plus 20%. Otherwise it is a Verstoss.

 

 

 

0

Share this post


Link to post
Share on other sites
6 hours ago, lebenundlieben said:

When he did not email me, I emailed him myself and said that I rather write an objection to temination myself. Then he replied and said that he wanted to wait for them to apply for eviction and then do something - obviously wants to earn money by letting it to go to the court. I rather setlle it out of court but he has an opposite goal. 

 

As far as I know, you have a certain amount of time to object after you get the notice.  You may want to settle it out of court with the landlady refunding you a bunch of money.  She may be willing to settle only if you pay her.  You may think you are right but I am sure she and her lawyer think that she is right.

 

Are you looking for another apartment?

 

 

1

Share this post


Link to post
Share on other sites
On 9/14/2022, 10:16:21, lebenundlieben said:

I meant of course "fair" in the legal meaning, according to §5 WiStG. It says that the rent must not be higher than the regular local rent according to Mietspiegel plus 20%. Otherwise it is a Verstoss.

 

Say, the government regulates that Camembert cheese costs no more than 10 euro per 1 kg. 

 

You go to the supermarket and see that Camembert costs 2 euro per 100 gr, that's a violation of the law!

 

What would you do?

 

1. Pay 2 euro and send Einschreiben to the supermarket demanding to  return 1 euro + postage.

 

or 

 

2. Pay 1 euro, walk out, get arrested for theft, get 300 euro police fine, refuse to pay it and land in jail for 1 month?

0

Share this post


Link to post
Share on other sites

I hired the lawyer now to sue her for overpaid rent. He advised to pay what she demands of me "under Vorbehalt" which I did. I will submit a Klage but I am worried that she will claim that she spent all the money and is destitute. She already used this argument through her lawyer  earlier. She claimed she was "disabled" and in early pension and therefore was "destitute". She spent the money on her living. She also has a teenage daughter. Is it possible that a court will allow her not to pay?

0

Share this post


Link to post
Share on other sites
1 hour ago, lebenundlieben said:

Is it possible that a court will allow her not to pay?

 

The court will pass a judgement against her if they find that you were right but collecting on it is another matter.

1

Share this post


Link to post
Share on other sites
7 hours ago, lebenundlieben said:

She claimed she was "disabled" and in early pension and therefore was "destitute". She spent the money on her living. She also has a teenage daughter. Is it possible that a court will allow her not to pay?

Not based on the argument that she´s destitute. However, whether she has the funds to pay you back is a different matter. But what is the worst that could happen? Even if she doesn´t pay you, you could simply offset your claim against her against future rent payments. So what´s the problem?

1

Share this post


Link to post
Share on other sites
11 hours ago, lebenundlieben said:

I hired the lawyer now to sue her for overpaid rent. He advised to pay what she demands of me "under Vorbehalt" which I did. 

 

What a surprise.

1

Share this post


Link to post
Share on other sites
16 hours ago, jeba said:

Not based on the argument that she´s destitute. However, whether she has the funds to pay you back is a different matter. But what is the worst that could happen? Even if she doesn´t pay you, you could simply offset your claim against her against future rent payments. So what´s the problem?

That is also something problematic, as she claims she depends on that rent to "survive".

Then I cannot offset my claim against the rent as it would jeopardize her "survival".

 

She owns the aparment I am renting though, so to claim that she is destitute is a bit of a stretch in my opinion.

 

Could they order her to sell the apartment to cover the debt? I reckon by the time the matter will be dealt with in court, her debt will come up to some 15 000 euro.

 

0

Share this post


Link to post
Share on other sites
12 hours ago, Krieg said:

 

What a surprise.

The other lawyer, Mietervereinns one, wanted me not to pay and instead issue a counterclaim when she submit  a request for eviction.

0

Share this post


Link to post
Share on other sites
18 hours ago, lebenundlieben said:

That is also something problematic, as she claims she depends on that rent to "survive".

Then I cannot offset my claim against the rent as it would jeopardize her "survival".

It's not your job to ensure her financial survival. There is Hartz 4 for that.

2

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now