Problem landlords and rental deposit returns

690 posts in this topic

This is what we are hoping, Jeba. We don't mind paying for the paint, but we physically cannot paint those three rooms in the time we have. You would imagine that the person who has drunk coffee in our house, whom we have tolerated coming and going at will, whom we allowed to store junk in two rooms of our basement at no reduction in rent, for whom we opened our house to prospetive tenants EIGHT times in one week, would be willing to work with us to come to an equitable solution, but seemingly not. And now we just don't know what to do. :(

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Update: The new tenants came over to look at the rooms and they see no problem. They are happy to paint in their own colours, but the landlord doesn't like the idea. They want to call the landlord and see if he will accept it if they say so, and make a change to the contract. Landlord said he can have the rooms painted for 150 euros, but if we press it, he will call for a painting company to do it, and they would charge a thousand. Trying to be as reasonable as possible, I said it would be better to pay for the new people's paint than for us to paint on Monday and for them to paint it again on Tuesday, but he won't go for it.

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No. The landlord says absolutely not, that we can't make any such arrangement. He will send a painter over to do it --- after the new tenants move in --- and they will have to watch this happen, then will have to go out and buy the paint to redo in their own colours. The new tenants would have been delighted to have us pay the cost of their paint, but they glumly called, said that they had talked to him and he said absolutely not. It all seems such a waste of money.

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Hi

I have an issue with my landlord. He introduced a young lady as new reponsible person. I vacate the apartment on Sep. 16 in precence of that lady and she agreed that every thing was OK (einwandfrei was her exact word). I cleaned every thing even the shared kitchen, bath and refrigrator. She said she will transfer me back the deposite and half rent of Sep. which I had already paid.

 

I did not here from her or him despite sending her SMS. Till last week which I emailed both of the and he told me that he will transfer the deposite back. I claimed for the half rent too and it is his answer today

 

die Mietkaution habe ich heute auf Ihr Konto überwiesen.

Die 116,00 € behalte ich ein für die Erneuerung des Rollos, welches defekt übergeben wurde, ebenso hatten Sie zur Übergabe das Zimmer nicht gereinigt.

 

The Rollo was already damaged when I moved in. And he is wrong about cleaning.

 

I do not want him to get that money so easilly.

 

- Can I tell him that he can not claim for money since it is more than 6 months.

- I did not see the landlord when I moved in. The prior tenate might damged the roller. What can I do about it.

 

Thanks in advance

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What do you have in writing? That will be the decisive point when you claim the full amount. If the young lady signed a report (Übergabeprotokoll) that the room/apartment was in a satisfactory condition the landlord cannot retrospectively claim financial compensation for damages.

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If the contract determined in September the landlord is already too late to make a claim. They have to claim damages within 6 months of the end of the contract. In which case you can insist on having your Kaution back in full (minus annual calculation of Nebenkosten).

 

To avoid an out-by-one-month error, in case your contract actually determined in October I would counsel to wait until (almost) the end of this month to reply.

 

But we aren't really clear about the contractual situation from your post.

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Our contract had no end. But I sent him the "Kuendingung" letter on time to end it at the end of September. But I found the new apartment sooner and he found a new tenant sooner. So we agreed to vacate the room in the middle of Sept. And I know that he had a new tenant from Sep. 15.

Even from end of Sept., it is already 6 months.

 

Do you suggest that I write him an email or send him a letter by Enschreiben post. I think, here it freaks out these people when you send them written letters :).

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sarabyrd we have the Übergabeprotokoll signed and she did not note any problem. She was even too satisfied by cleaning.

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Could you please help me one step further. I decided to send my exLL a letter. How can I say the following sentence in German?

 

"It is already more than six month after our contract determination. So you have no right to claim for damage anymore."

 

Also do you suggest "you have no right" or "you can not"?

 

Thanks

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Nachdem seit Beendigung des Mietverhältnisses bereits mehr als sechs Monate verstrichen sind, steht Ihnen kein Schadensersatzanspruch mehr zu.

 

Not sure whether this is correct from a legal perspective though. Also, if it was right just because of lapse of time he might still be able to deduct it from your deposit or offset it against claims you might be having towards him.

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thank you very much jeba. I will note that in "Protokoll" he expressed that the room was in good condition. Do you think I should explicitly note that the Rolle was not my fault and the room was clean?

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You want your money back? Cite the Protokoll, state that the Rollo was non-functional when you moved in (and it was not part of the agreement that you repair it), and that the 6 months are up and he has a generous 14 days to clear his debts before it's put in the hands of your lawyer. Why would you hold anything back?

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I'd probably write something like:

Der Rollo war bereits bei meinem Einzug defekt. Ihre Beauftragte, Fr. xxx hat mir ausserdem bei der Übergabe am dd/mm/yyyy ausdrücklich bestätigt, daß sich die Wohnung in vertragsgemäßem Zustand befindet und zugesagt, daß ich meine Kaution in voller Höhe zurückerhalten werde. Unabhängig hiervon hätten Sie einen eventuellen Anspruch wegen einer Beschädigung des Rollos ohnehin nur binnen 6 Monaten nach Beendigung des Mietverhältnisses geltend machen können, selbst wenn er dem Grunde nach berechtigt wäre, was aber nicht der Fall ist. Diese Frist ist jedoch bereits verstrichen.

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Thank you all especially jeba. I sent the letter today. I used jeba's last phrase and post it with Rueckschein service also claimed for interest. Hope it make him give me my money.

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Hi guys

Thanks for all your help. The letter worked. He finally gave back my money today. I can send the sample of my letter to anybody interested.

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For everyone who has ever had problems getting their deposit back from landlords or rental agencies, here is a wee, true story.

 

When I moved out my last flat, I knew that the agency who handled my deposit would be problematic, but I knew that when I moved in. I knew they'd cause problems that I was moving out with only one months notice instead of three, that the person who was moving in after me was a friend of mine and that we'd already agreed what I was leaving and what I was doing in the way of renovations between us. "Yes but yes but, we'll have to talk to your landlord too" said they. "Oh sure, he's also a friend of mine, lives upstairs, lovely guy, he was with us when we agreed to everything". Sure enough, on key handover day, they came, saw that the flat looked lovely, complained that there was still furniture there and weren't sure how to handle it that myself, my friend who was moving in and the landlord were having a coffee on the balcony when they arrived. So although they were prepared to pick faults, look for reasons to hold my deposit etc. etc., they couldnt, because basically there was nothing wrong AND my landlord said to them. "please give Derek his deposit back this week."

 

Ah hah ahaha h hahahaha. Six weeks later, and two letters from the landlord to the agency, lots of "oh yes it'll be transferred today", "Oh we did it last week", "Oh my housebank takes a month to do transfers", "oh we need to talk to the landlord", "Oh they're on holiday", the usual rubbish we've come to expect, I eventually got it back.

 

And about two weeks later...I got it back...again.

 

They paid me it back twice.

 

So I ignored it until they noticed, and called me. I did pay it back of course...eventually...but I have to admit to having some fun with being "on holiday", " I did it last week", "oh I need to check to see if it really did come in", "Oh my hausbank takes a month to do transfers".

 

Karma? Shadenfreude?, I don't know. but they did send me a wee thank you note that I returned it.

 

D.

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Oh at this point i would have so much fun with that. Maybe i would tell them i have a daily transfer limit of €100.

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Hi All,

 

My family and I have been living in Hessen (Bad Hersfeld and latterly Vogelsberg) for almost a year now.

 

When we first moved out in September 2013 we had a pre arranged apartment in Bad Hersfeld (arranged by my new employer for us). We had a one month notice private agreement with the owner/landlord which included bills.

 

The apartment was ok. A little run down but good enough as a temporary home.

 

In March we gave notice as we had bought a house (in Vogelsberg) but as we seemed to be getting on ok with the landlord gave them two months notice as it would give them time to find a new tennant.

 

We moved out, They arrived to inspect the apartment and commented that it was cleaner than the last tennant left it (when we took it over) and that we had taken great care with it. They signed the documents prepared that they where 100% satisfied that no damage was caused and that our deposit would not be used.

 

We expected our deposit back within a couple of months.

 

This week (almost four months after moving out) we emailed them to ask for an update on the deposit.

 

We received an email stating that there would be bills for the apartment and those where not due until June 2015 and until then we would not get back any of our deposit.

 

We asked why and because an extra bin was required for the house (4 apartments) when we moved in there will be an above normal cost which they deem extra to the contract.

 

As much as that pi§§es me off (it was communal but appears we will pay for it) it cant be more than €200 or so for the few months we lived there.

 

We have absolutely NO intention of not paying if there is a bill but the deposit was agreed returnable when we left.

 

Can any one help me with the legal situation or whats "normal" in such situations?

 

We have/had a good relationship with them. They know where we live now...They know the company i work with.

 

People at work dont know as all own houses and not rent.

 

Any help/advise would be hugely appreciated.

 

Thanks.

 

[adminmerge][/adminmerge]

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Hi richb77,

 

from my own personal experience moving a few times I had different experiences with landlords. One we had to take to court, one paid it back approx. 6 months after we moved, and the last one deposited the money back in our account with interest 3 weeks after we moved out.

 

Legally, landlords are allowed to keep it until their utility bills for the year arrive. Then they have to send you a copy of it and tell you how much you owe. I believe landlords have approx. 1 year to do that.

If your landlord seems to be okay and you believe that he/she actually pays you back in June 2015 like they stated, I would just wait the additional time.

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