Problem landlords and rental deposit returns

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If you have already involved your liability insurance leave it in their hands.They will end up taking the lanldord /landlady to court.more than likely the reason she has stopped all contact

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Thank you guys for reply.

Please just to understand it correctly you mean will the private liability insurance have an authority to take necessary action in legal way against

owner?

 

Regards,

GrGerman

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I´m not sure whether they will actively take action (probably not), but they will defend any unfair/excessive claims (if necessary in court). I´d give them a call and find out from the horse´s mouth.

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Hello,

 

I moved from Dresden last week. The Landlord checked everything and told me everything is alright. I lived in that house for one year. It was a fully furnished accommodation. Today I called up the landlord. He told me he will deposit the kaution deposit in my account soon, but he will deduct 400euro from the Kaution, Because he needs to get the curtains, carpet, bed sheets cleaned.

 

I had rented here for the first time.Is this the norm here? I am in different city now. Any suggestions will be highly welcomed!

 

Thanks

 

[adminmerge][/adminmerge]

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Do you have it in writing that everything is in approved order? - He's stuffed.

Is there a clause in the lease that you pay for "Endreinigung"? - You're stuffed.

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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Hello Sarabyrd,

 

Thank you for the reply.

 

 

Do you have it in writing that everything is in approved order?

I don't have it exactly in writing. But on the last day, he came and inspected the whole house. Tick marked everything that was written on the contract. Signed it himself and then got it signed by me. I asked for a copy of the same. But he said he don't have a copy. So i clicked a photo of the same.

 

 

 

Is there a clause in the lease that you pay for "Endreinigung"?

I just have a look on the contract. I am not able to find the word "Endreinigung". My german is aweful.

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Hello,

 

Small but important follow-up question here. Long story short, my land lord went missing and won't return calls or emails regarding the return of my security deposit (900€).

 

I have gotten some legal advise from both here and certain friends, and it seems I will have to file a court order. The question is how much to demand he pays me. Since his 6 months to return my deposit money is long past, I need to know the interest rate I can charge him on the money. Does anyone have a reliable source with the legal rates for this, as I don't want to mess it up on my court order. Also I figure for the court order I can add up the original deposit amount, the interest amount, and all processing fees.

 

Thanks a lot for the help,

 

Tim

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Rather than starting a new thread, I'll just add to this one. I lived in Bavaria for 2.5 years and rented a semi-dethatched home from a Japanese woman. I gave her the required 3 month deposit (4500 EUR), and upon vacating the home did a walk-thru with her German husband, who remarked how clean and orderly the home was at the turnover. I waited patiently to get my deposit back, and after about 60 days, i received about 4500 EUR, which included 1000 EUR of excess heating oil I left at the home. Of the remaining 1000 EUR owed to me, she charged me 500 EUR for cleaning the house (despite the fact that at the handover her husband was thrilled with how immaculate everything was). The final 500 EUR she asked to hold until the end of the calendar year in case there was a top-up necessary for water/other costs. Reluctantly I agreed (not really having any reasonable recourse anyway), and expected to get my 500 EUR back, plus perhaps even some of the 'other costs' refunded, as I had barely been in the house in the last 6 months of occupancy due to business travel and my wife/kids had already long since moved. Imagine my surprise when I finally get an email from her today, claiming that she'd come to realize that I owed here 300 EUR for water costs related to 2013, and another 250 EUR for further cleaning and repair (despite no issues being raised at the handover). She had the nerve to tell her that I owe her a 50 EUR balance, but since the mistake related to water costs in 2013 was her fault she was willing to waive this and call it a day.

 

Realistically, I presume that now that I'm out of the country and the amount is relatively small, I have no choice but to accept this nonsense and lose the remaining 500 EUR?

 

Cheers

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[adminmerge][/adminmerge]

 

When i moved out from my rented apartment, the landlady asked me to clean the apartment. I cleaned it better than i moved in. And the landlady has checked and said nothing .But after two weeks, i was asked to pay the cleaning fee. It is very very high. It is fair? I just lived in this aparmtment for less than half year. No wander my friend has told me that never clean up when move out. Because no matter how good you cleaned, you can not get back the deposit. I did not believed it at the beginning. Now it happened to me. Have some one got similiar experience? or it is just the cultural difference?

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I don't know how many times it has to be said on TT, but you must join the Mieterverein when you move here, even before you start looking for an apartment, if possible. And you need to have legal insurance that covers you for legal housing issues (usually extra). You may only look for an apartment a couple times duing your stay here but these landlords do this all the time and know exactly how to cheat people - especially foreigners. They know that one you go home, it's difficult to come back for your security deposit. Also, don't drop the Meiterverein and insurance until you have ALL your deposit, security, etc. back which can easily take more than a year. And get everything in detail and in writing. Nothing counts verbally.

 

The mistake Maymunich made was not getting the final inspection in writing, stating the cleanliness and having the landlord sign it and witnessed by someone.

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why they are so bad? It is not only the money, but also hurt my feelings. When i lived there, i cleaned the room every two days. I saved water and heating , when i sleep, i closed the heater. i am very get hurt. No body can believe that a small room can cause more than 20 hours to clean it. When i moved in ,it was more dirty.

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Perhaps I'm painting with too broad a brush, but when I moved to Germany, one of my fellow expats warned me that Germans will do everything within the law the screw you over. No doubt this is too general, but judging by the many problems renters have with German landlords, there seems to be a kernel of truth to this.

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I totally agree with kkaneff79. I've been here 5 years and I am surprised at what is allowed to go on here and with little or no consumer protection. I'm German - American and back home you had to be careful with business dealings with Germans. The worst landlord I had in the US was a German couple from Barvaria. In case you wonder whay I came here - my Frau is German, but that a whole other story!!!

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I'm having some deposit trouble as well, and would be very grateful for some advise on my situation :)

 

I subletted a place for a month while looking for something permanent, and paid a deposit to the main tenant. The deposit is mentioned in the standard sublet contract I signed. I also have records of this transaction to the main tenant's account.

 

I left the place in spotless condition when I moved out. When the main tenant came back a few weeks later, he went through the apartment and said everything was in perfect condition and he would return the deposit via transfer the same day.

 

Well, it's now been another four weeks (in total seven weeks since the sublet period ended and I moved out) and the deposit has not been returned. I have tried calling, texting and e-mailing the main tenant to ask what's going on, but he never replies - whereas before he always got back to me within a day or two. I'm convinced he is deliberately ignoring my attempts at contact and is keeping the deposit to himself, hoping I will just give up.

 

I'm pretty annoyed with this situation, and I want to take action - but when can I do this? How long can he legally hold on to my deposit when there are no damage claims and no unpaid rent (and unlimited use of electricity was included in the rent)? The sublet contract only states that deposit is to be returned "upon termination of the lease". The lease terminated seven weeks ago now.

 

I'm considering sending him a court payment order or have a lawyer look into this if he keeps ignoring my calls and not returning the deposit, but at what point in time do I actually have a case? Is it still too early to take action?

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Hello Everyone,

 

I rented a studio in Berlin and stayed there for 6 months. There was a damage from my side which should be worth about €50, I am willing to pay. I have paid a deposit of €500 and my owner is saying that I wont get any deposit back.

 

I had a clause "Die Kaution wird nur in voller Höhe erstattet, wenn es keine Schäden an der Wohnung passieren oder keine Verspäterung von Mietezahlung" in my contract, since my German is non-existent I signed it in good faith.

 

Can someone please tell me if its legal to withhold full deposit for a €50 damage?.

What does the above sentence mean in German, I used Google translate but I would like to know what are the implications in legal terms ?.

 

I will appreciate any help or suggestion.

Thanx!

 

Topics merged by admin

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A rough translation is:

 

The deposit will be refunded only in full if there is no damage to the home or any delay of rent payments.

 

They key words ar "in full" so if it only 50 Euros of damage that should be the amount deducted from the 500 Euros. Get an estimate from a real company to back up your claim. And I doubt that Kaution can have amounts deducted if your rent was paid but paid late.

 

Again, another good reason to join the Mieterverein.

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Thanx for the answer garyh911. TBH, I am not worried about last part i.e. Kaution deducted due to rent part.

 

I am only worried about the part that says rent will not be returned part because it is not right to dump the costs on me. Getting the estimate is not a problem because the landlord has sent me an invoice saying that it costs about €120, which I know for sure is a high watermark but thats an entirely another question.

 

Can you also please tell me if the contract can have clauses like not returning the deposit at all, irrespective of the damage cost.

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