Problem landlords and rental deposit returns

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Your liability to paint the apartment depends on how long you have lived in it. I think about floor landlord is responsible. Unfortunately you did not hand over the apartment properly and you are not here so it is going to be hard job to get your money back. Try writing letter ( post) preferably in German asking him to return your deposit. Cheers and all the best 

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Sorry for posting this here, I made the new topic in "Newcomers" but I suppose that is wrong.

 

I lived in my flat since April. There is a standard cancelation period of three months. However, the landlord said to me, that I can move out earlier if I find the other person, which can continue renting the flat. Of course, since it is very difficult to find a flat in Germany, I found a lot of people and the landlord is going to contact one of them this week.

 

However, he needs the official letter of cancelation with the last day being 31.3.2016. He also said that he always have right to refuse the other people I found, which I know is true and agree with that. 

 

My questions are:

 

1. If everything goes well, and the new agreement is signed by landlord and new tenant from 1.1.2016 does it mean that my contact is not valid anymore? That would be logical. Because, if my last day in the flat is on 31.3.2016, I am practically obliged to pay the rents for another three months. Pretty nice situation for landlord but bad for me.

 

2. Like I said, I found the new flat and since it is hard to do everything in advance (three months rule), I signed the agreement from 1.1.2016 for the new flat. If my landlord refuses all of the people I found, this means that I need to pay the next rents for the old flat. Is there any way to avoid this? I know that three months always exist, but the flat is so noisy since the construction works started on the railway nearby, and I read that in some cases, the cancelation period could be shortened.

 

However, I hope that everything will go well with the landlord and that I will be able to move to new flat without problems. I would just like to prepare myself for the worst and know my basic rights.

 

Thank you very much!

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Topics merged by admin

 

I rented an apartment for 5 months in Berlin. It's now been six months since I moved out and I havent gotten my €600 deposit back. I paid the deposit in cash and he took my bank details when I left to send it back to me (I realise this is stupid but I was alone and 19). I have tried emailing my landlord multiple times with no reply and his mobile number is now disconnected. When I googled the rental company he owned there were reviews from others saying they never got their deposits back. I am back living in Ireland so it's hard to know what to do.

 

 

I am going on holiday next week to Berlin and plan on giving my landlord a visit. In case he doesn't give me back my deposit, will going to the police solve anything? I have my contract stating that I paid the deposit. What should I do?

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First, do you have the documents from the agreement, which also states that you paid 600€ deposit?

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Well, that's a start. It won't be any big surprise if you don't find the landlord in the original address (sounds like a professional crook).

If you do find him, he's obviously going to say "sorry for the delay", and just ignore again, and then you go back home, your money is lost. I'd suggest you first go to the cops when you reach here. They might suggest you, since I'm not sure if 6 months is within the stipulated time for a deposit refund.

 

@zwiebelfisch, does the law state anything about the time period within which a landlord MUST return the deposit (considering repair costs).

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Do you have any form of proof that you paid him? Receipt ....?

Obviously the letter saying you should pay it is a help, but proof of payment would be better.

 

It does sound like he's hoping you can't be bothered chasing the money, but at the same time it's possible that deposits, or part thereof can be

held until the nebenkosten has been sorted for that year which can sometimes mean almost 12 months.

 

I suggest you write to him asking for an appointment to collect your deposit in cash from him.
Also ask for full details of nebenkosten charges (and balance(s)) for the period you rented.

 

DId you have any kind of formal handover with a check to see that all was satisfactory?

Good luck, I fear you may need it.

 

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Doesn't look like. True, a receipt seems to be missing. Hmm, that's very difficult then.

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No the receipt is gone. I was planning on staying in his office until I get the money in cash. I rang the landlord after 3 months (when his number was still in use) and he said he pays it back in 6 months but this was obviously not true. He inspected the room before I left and said it was fine.

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2 minutes ago, lauramartin said:

He inspected the room before I left and said it was fine.

 

No written confirmation?

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2 hours ago, lauramartin said:

No the receipt is gone. I was planning on staying in his office until I get the money in cash.

I hate to say this, but you might end up being the one on the wrong side of the law if you attempt anything like this. A police officer called to his office to remove a troublesome ex-tenant might not care for your protests. And without clear, documented evidence of the landlord's crime (if, indeed, he has committed one at all yet) you're going to be the one looking to be in the wrong.

 

If I were you, I would turn up to his office with a letter from my solicitor requesting that the money be paid back within xyz time-frame.

 

edit: actually, I now realise that last statement was untrue. If I were you I'd let it slide and slide and keep sending reminders every now and then. It took me about 2 years to get my deposit back from my last landlord. He was just a lazy git (like me) and had no intention of defrauding me.

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I'm not waiting two years to get my money back. I wouldn't let it get to the point were the police would be called on me anyways.

The thing about the solicitor's letter is one, I probably can't afford to get one and two, my landlord only speaks conversational English and I speak minimal German. He probably wouldn't understand the letter and would it really make a difference coming from an Irish lawyer?

 

No I never got confirmation of the room, but when I rang he never said anything would be deducted from the deposit he just said he'd pay it back in the 6 months. And I know for a fact that I didn't break anything in the room, it was rented out immediately after I left.

 

I'm going to send a written letter to him letting him know that if I'm not paid back that I will go and report him to the police.

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5 hours ago, Erdmann said:

First, do you have the documents from the agreement, which also states that you paid 600€ deposit?

 

4 hours ago, lauramartin said:

All I have is the contract that says I pay the 600, that's all I got

 

4 hours ago, Malt-Teaser said:

Do you have any form of proof that you paid him? Receipt ...?

DId you have any kind of formal handover with a check to see that all was satisfactory?

 

3 hours ago, lauramartin said:

No the receipt is gone. ... He inspected the room before I left and said it was fine.

 

3 hours ago, HEM said:

No written confirmation?

 

I'm afraid you don't have a legal leg to stand on. You have no proof that you actually paid the deposit, you have no proof that the room was fine when you moved out. How were you planning to prove any of this?  I doubt the police would be interested, tbh.

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lauramartin then its either Mietverein or lawyer,Police will not do anything its a civil matter not a crime in their eyes

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So, I am curious: how long do you have to live in the apartment before you are liable for repainting?

 

The landlord of course expects me to repaint.  It was not painted when I moved in (which I guess also makes a difference).  I am getting contradictory information-- according to my (German) friends, since the contract says only it must be "besenrein" when I leave and that is the way I got it, then that is the way I get to leave it, and if he wants to do a big renovation when I move out, that is his problem.

 

(background:  he has rejected a perfectly good nachmeiter, even though he asked me intially to find one, and appears to want me to get out as soon as possible so he can make me pay rent while he does a dream renovation, also on my dime)

 

I have lived here for six years, does this obligate me to paint?

 

I am just getting more confused as this goes on, not to mention the money will run out.  The thread has been great, very informative, but I still don't know if he can force me to paint. Can he? 

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Also, he appears to have a tenant waiting in the wings-- if he moves this person in, can he still collect rent from me during the notification period?  I would think he would not get to collect double.

 

So many issues and back door tricks with this individual, it is really pulling me down.

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Besenrein means swept through.No you dont have to paint then.Anything the landlord says is other than that is wrong.So long as you have paid the rent then you are allowed to be there.The landlord cannot expect you to pay rent and have it renovated the landlord then will have to pay for alternative accomadation i.e. hotel.

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In earlier times, many landlords had clauses in the rental agreements saying that you must paint every certain number of years or before you move out but new laws have made most of these clauses illegal and if your agreement doesn't even have one, your landlord can't expect you to do that.

 

Your landlord has the right to deny your "nachmieter" and if you can't find a "nachmieter" that he will accept, you are obligated to continue paying rent until your contract is up even though you are no longer living there.

 

Your landlord can not renovate while you are paying rent because you are not going to give him the keys until you hand the apartment over.  Him going into your apartment while you are still paying rent for it is against the law and you can file charges against him for it.  If you suspect that he has an extra key and will try that, you can change the lock.  Just change it back before you do the handover.

 

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Wow, INTERESTING.

 

So does that basically mean that when we do the handover with the protocol and all, I'm done paying rent?

 

I think he will find it awkward to let the place stand empty for two whole months.  So maybe he will become less interested in extorting that two months out of me if I can share with him this information.   

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