Problem landlords and rental deposit returns

690 posts in this topic

 

That paper isn't worth all that much, and the landlord can easily refuse to sign that thing.

And you can refuse to give him the keys till he does. There is no reason why they shouldnt want to, unless of course they want to charge you for something.

 

Of course the guy who drilled in to the chimney should have to pay as it caused major damage. What we are talking here is when Landlords say they are happy with apartments when you leave, then mysteriously take a couple of hundered yoyo's from your deposit to clean it?

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I've never tried it but a friend of mine said when he gives notice (usually 1-2 months) on any apartments he rents he stops paying the rent.

 

That way the landloard only has half or one third of his deposit when he moves out.

The landloard chases the rent but doesn't do much about it cos he's moving out anyway and he's willing to give up the rest of the deposit if he can't get it back.

 

Not so sure about his solution, might be worth a try if you know you've got a 'dodgy' landloard <_<

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I want to move a little way back into town next summer. After 3 years in Schwabing, 2 years in Großhadern is a bit of a culture shock. However, when I moved out of my previous drum I got badly turned over by the renter - Heinrich Bossert Immobilien (watch out for these mafiosi). The whole sorry event started when I had moved but was still paying rent during the notice period. I was using this time to redecorate so that there would be no problems and I wouldn't loose any of the deposit (I am English - home decorating is second-nature). Because of my work I was decorating every Saturday for 4 weeks. On the third Saturday I unlocked the front door to find a workman pulling out the bathroom and kitchen... that I had just redecorated the weekend before, and in the process destroying other redecoration with his mess. I discovered that he had been instructed by Bossert to go in and do this, and had my spare key that I usually left with the Hausmeister. The Hausmeister was a lovely little old lady who had been pushed into a corner. So I got the key back, sought legal advice and avoided the frantic calls from Bossert until the last possible day I could hand all the keys back. The workman's tools remained in the flat during this time and I didn't attempt to put right all the damage he had done. My legal advice was shite (I believe) and I lost half the deposit. Now I am seriously considering joining the Mieterverein. My current landlord is Bavarian, and they don't have a good track record with me on this issue (or with any other financial matter - shake a Bavarian's hand and count your fingers afterwards).

 

Question: Is there a service in Munich where a guy turns up, gives you a quotation to put the place right, does the decorating work and, gets the landlord to sign a legally binding document to guarantee that you will get your Kaution back?

 

Sin

 

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Mieterverein Website

 

Hiya, can´t really answer your question but perhaps you should join the Mieterverein and ask them...it may not be too late.

I have been a member for about 4 years, think it´s only 55€ a year and it´s well worth it. I´ve roughly had about one case a year with them...one of which involved them taking the Hausverwaltung to court on my behalf.

Last year my present landlord wanted to increase our rent...I went to the MV, they did a Mietspiegel and wrote and told my landlord he should actually reduce the rent!

 

Good luck with your problem.

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Cheers Moonboot,

 

If it's only €55,- it is defo worth it :D

 

Sin

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Sin,

If you have not given permission and agreed that the guy does anything to the flat while you are still paying rent, then you do not have to pay for the "restoration".

 

Thats what happened to me a few years ago, but luckily enough the girlfriend knew a good lawyer who advised me on what to do.

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Definitely agree with Moonboot about the Mieterverein. They are really friendly and if your landlord-German isn't up to scratch, they are very patient. I've used them serveral times in the last few years, and each time they've saved me a fortune. I've also discovered that merely mentioning to your landlord that you've got an appointment with them does the trick. By all accounts there's some sort of "blacklist" of landlords who've repeatedly been reported, which no one wants to be on. You can start using them a week or so after joining.

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We recently moved out of a flat in Augsburg in favour of munich.

( very good move )

The landlord was, I think, perhaps the most analy retentive person I have ever met. On the day I moved in, instead of just giving me the keys, he gave me a room by room inch by inch tour of the house which included making me watch whilst he changed the toilet seats, oiled the door hinges ( all of them ), took the insides out the taps to de calcify them ( really, no joke ) waxed the staircase, and the doors, and the window frames, made a little red mark with an indelible marker at all the scratches etc etc ad nausium, In the end he was there for 4 hours before he finally left. Needless to say when we moved out, we hired a cleaning firm and also did the taps and the doors etc.

 

Despite checking the flat with us on our moving out ( for 2 hours ) he has now decided that despite it actually being in better condition than when we moved in, he is keeping our deposit.

 

I would have a look at your rent contract, if it says Basinrein, brush clean that is really all it is.

 

He basically does not have a leg to stand on since we took photos before and after. I would advise everyone to do that.

 

I will let you know of the outcome.

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Hello,

I am facing a problem with my land lord reagrding my caution deposit.

I have vacated the apartment handing over the keys to the land owner. At the time of receiving the keys the land owner examined the house properly and said everything is fine. He also said that the cleaning has to be once again which is mandatory and a custom in Germany for which he will deduct apprx 100 to 200 euros and the remaining money will be sent to my account. I happily agreed and come back. After 3 weeks continuous calls he was telling that still estimation has to be done for the cleaning costs. Finally he has written mail in which he says 1750 euro will be deducted from the deposit for various things which is not at all true. As this is huge money I would like to go to lawyer regarding this. May anyone of you can suggest some thing? Any suggestions, guidance please feel free to post.

 

Regards

Ashoka

 

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Do a search here for "Miterverein", they can square you away. Prob. cheaper than a lawyer too..

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@darknight,

 

Thanks, I have contacted the mietverein and they have done a fantastic job of puting the wind up our landlord, in fact he paid up, six months late, but he paid up.

 

Would recommend them anytime.

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Hi there,

 

I lived in the same apartment here for 5 years. I have been away from Munich for the better part of a year, and have now returned. I realised that my former landlord had still not paid out my Kaution from the apartment I vacated "im renovierten Zustand" last year. There was no problem whatsoever upon the handover.

 

I wrote a letter reminding him that payment is well and truly due. He replied, saying that they "had to" renovate the apartment, and that they have set off the Sanierungskosten against the Kaution and that in fact I owe HIM money. This is just ridiculous, as the apartment was returned in exactly the same condition as that in which it was when I moved in.

 

I had a very bad relationship with this guy, and even once caught him entering the partment without my permission. I think he is just hoping I am a stupid foreigner who wil disappear, but I definitely want the money back, as it is a substantial sum.

 

This is a boring question I know, but does anyone have any tips on how to proceed? Is the Amtsgericht enough, or do I need to get a lawyer?

 

Thanks a lot.

 

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Yes, I do have the protocol. He didn't come to the handover himself, he sent his lawyer instead. I really don't see how he can possibly have a leg to stand on, but the whole thing is just such a hassle.

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Hi All,

 

I am in a total fix, so am asking most reliable source for help / information.

 

I moved into an apartment in December 2004 and am vacting now. We in terms had 2 months notice, so I gave that and am vacating house.

 

During my stay, due to use / wear and tear, the electric owen is stained. Usually whenever something fell on that, i used to clean it with cloth, but due to repeated use / repeated soiling, it is stained.

 

I tried to clean it, but it doesn't go completely, I am sure, if I try hard again, it will go.

 

But today I was supposed to give my keys back, when she came to collect, she said that house is dirty, i said okay get it cleaned and I will pay for cleaning, she said the lady will come and will charge 10€/ hour and it would take minimum 4 hours, I said no worries, take 50€.

 

Then she said electric owen too is spoiled, i said they are just stains and can be removed. She said she will try to remove them, but if they don't go, she will buy a new one and will deduct it from my Kaution!!! :o

 

I was shocked, just for little soiling of owen, she said she will charge cost of new, and then she said I can take the old one with me. I argued..., pleaded... but all in vain.

 

She said she will try and then let me know.

 

I even said, give me few hours, I will get it cleaned / clean it, she denied and said my time is gone. I said, you can take one more day rent and then come tomorrow, she denied that too. I even argued by saying that you can buy a new top plate for that (is it possible?), she said NO, she will see and let me know. She then just gave me a couple of days to find a new one for her, else she will buy and cut the money from Deposit!!!

 

She then called some of her friend, who took all pictures of house, and she too said to me that i need to buy a new one for her...

 

Dammnn it!!!

 

What should I do?? Can she legally ask me to buy a new one for her?? Can she deduct kaution for that?? Can I threten her that I will consult a lawyer?? If she says YES, then what??

 

By the way, the functioning of owen is PERFECT.

 

Also, I do agree that house was cleaned but little parts were not completely clean, but that is why am giving 50€ for getting it cleaned!!!

 

What should I do?? All suggestions are welcome?

 

Regards,

Bhupesh Gahrotra

 

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She can no longer do that shit. Go to the mietverein tomorrow. Normal wear and tear is now the law and the owners are now responsible for all the extras that they used to plonk onto the renters. I am sure if you look on TT you will find the relevant passages posted. I even posted an English translation of it some time back.

 

http://www.toytowngermany.com/forum/index...lite=mietverein

See if this works.

 

And here: http://www.toytowngermany.com/munich/apart...ation_laws.html

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Thanks for the info.

 

But do these people charge? I mean what all necessary formalities i need to do to go to them?

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I found the link and read the website information.

 

Sounds good. But what I feel is that my question is still different, the Owen got soiled due to my usage? Does it still cover?

 

Regards,

Bhupesh Gahrotra

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A stain on an owen or an oven does not require a new one to be bought. She is being a bitch about this and most likely only because she thinks she can con you. I would threaten her with legal action and remove any offer of helping to pay for a professional cleaning service (which would be her or a friend of hers at most anyway).

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Eurovol is right. She's trying to take advantage of you because you're a foreigner. Just stand your ground and tell her you have done some investigating and discovered that she can't do what she's trying to do. Tell her if she isn't satisfied with the state of the apartment and the oven that you will pay for a cleaning service and anything more than that she can go f**k herself. Good luck!

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