Problem landlords and rental deposit returns

690 posts in this topic

I said her that I have found out and she is charging me unnecessarily, she then said it's useless to talk to me and we should talk via our lawyers and anyways she is insured... :o

 

I said, I will get it cleaned, she said I don't have keys and she won't allow me to come in her apartment again. I said I will get somebody who can clean it. She said she will think.

 

I tried to argue more, then she even abused me... :angry:

 

Damn it... I will consult Mietverien people. Let's see.

 

Any other inputs are always welcome.

 

Regards,

Bhupesh Gahrotra

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I don't think she can ask you to buy a new one, but she can ask you to get it clean. I wouldn't accept that as wear and tear either. The picture of the grill you sent me is also something that can be cleaned.

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Do I need some professional help or as showem offered her help would do? But I want that it should be completely cleaned and she should not argue again after that?

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Jesus, after reading about all this hassle, I think I'll just stay put in my grubby little wohnheim as long as possible. I was thinking of bailing out but now i think that its definately much less stress...

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If that's just just starch or mineral deposits from pots that have boiled over it'll come off with a bit of essig essence or hob cleaner. She's taking the piss.

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yeup, antikal is what you want...

 

post-1721-1126595026.jpg

 

pour it on, wait five minutes, wipe it off. Job's a good'un

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If the mess is directly on the burner itself, it can be hard to get the stuff off. But this looks to be easy...from my experience anyways...just use the Ceramic/Glass cleaner or the Antical.

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@bhupeshis

 

Trouble with the Vermieter.. man, everytime I had to move(6 times already in Germany alone) I ended having to use the services of a lawyer. <_< I don't think you'll get past getting yourself one. It is, of course, bollocks what she is saying. Even if she threatens you with having an insurance, you must remember that her insurance will not just happily refund her the money for dodgy business like that. She is just threatening you and probably doing it with all her other Mieter. Stop being nice to her, this will not work with her. She wants your money and that's it. As far as I know you have to be a member of the Mietverein for them to help you. Signing up for a year doesn't set you back by much. I am not sure whether they have a waiting period, you must go see them immediately. I use to be a member of the Mietverein in Berlin, but found their lawyers to be unmotivated and lacking interest. I got myself a Rechtschutzversicherung and have used private lawyers since.

 

The amount you have to pay for a lawyer is fixed by law, it is a max. of a certain percentage of the value of the total sum which is being disputed. It won't be a lot in your case, chances are though that you will have trouble finding a lawyer in Munich willing to take such a tiny case. Maybe someone on the forum could recommend one? I have not needed one in Munich. Yet. Also, keep in mind that every party has to pay his or her own lawyer in Mietrecht. Even if you lose your case, you will not have to pay for her lawyer. She knows this as well and will also know that her Rechtschutzversicherung will increase her Selbstbeteiligung (deterrent fee) if she just sues people left, right and center. So in a dodgy case she is bound to lose and is playing the "threatening an unknowing Asian foreigner"-card, thinking most likely that you are so sh*t scared that you will just give in. Also keep in mind that she probably has a friend or family member as a lawyer who will help her. Vermieter always does.

 

Do keep us informed, get a lawyer who writes her a nice letter and maybe with that your problems will be solved already.

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Thanks a lot MajorBummer for a detailed explanation.

 

I am just playing last card in my deck with sending a person to get it cleaned, if it doesn't pay through, then will use the trump card in form of Mietverien.

 

I was just worried, that i am in a foriegn country and don't want to get in any type of legal trouble here, and that's it... But if she is not agreeing to it, then let it be... Will go to Mietverien...

 

By the way, out of context, she is not German, but a Turkish lady and is living in Germany since many years. And the house doesn't belong to her, she sub-rented it to me as she was going out of Germany for few months.

 

Thanks a lot to you all...

 

Thanks TT...

 

Will keep you updated with whatever is the status.

 

Regards,

Bhupesh

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I am just playing last card in my deck with sending a person to get it cleaned, if it doesn't pay through, then will use the trump card in form of Mietverien.
Your trump card should be something like:

 

Dear Mrs Geldgeil,

knowing my rights in Germany very well I am offering you for the last time to have the oven cleaned on my part. If you aren't happy with this solution I will be compelled to take this matter further legally.

Kind Regards,

Bhupeshis

 

Find out whether the Mietverein in Munich is any good. Like I said, the one in Berlin sucked.

 

I was just worried, that i am in a foriegn country and don't want to get in any type of legal trouble here, and that's it...

And she knows that. The law protects Germans and foreigners and applies to both. You have the same rights as a native German in this matter. Use them!

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And the house doesn't belong to her, she sub-rented it to me as she was going out of Germany for few months.

Did you have a contract with her?

 

It would be worth checking if the owner knows that she sub-rented the apartment. If she sub-rented it without the owner's permission it puts her in a weaker position.

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Yes, I do have a written contract with her, and I suppose owner knows about this, but I have never met owner or have never discussed anything with him.

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My second flat in Berlin. I was an Untermieter. She(Hauptmieter) didn't tell the owner that she was subletting (she told me) and I should under no circumstanses attempt taking up contact with him. I have a de facto illegal contract for the flat after all. At that time it was almost impossible to find accommodation in Berlin, even for Germans. She charged me double the rent and I didn't know it. When I wanted to meet the owner (she was leaving for a different town in Germany and wanted to give up the flat as Hauptmieter) to ask whether I could take over the contract, she refused to. I didn't stress the point because she told me that she is "helping" me by subletting but wasn't sure the owner would like it due to the fact that I was foreign. So she played the "you are foreign, I am giving you a roof over your head"-card with me and cashed all the way.

 

I think I must have felt a bit like you, rather on the defence and being taken for a ride. Shortly afterwards the owner send a flyer to all Mieter living in the house informing us that he would be increasing the rent.. He unfortunately also dropped one through my front door. I then found out how much I was actually supposed to be paying for the flat. All hell broke loose then. I contacted the owner and found out that he did know about me! She was subletting to me legally, charged me double the rent and then did her best to stop me from finding out what I really should have been paying.

 

Moral of the story: find out! Get a lawyer!

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Update Guys... And Great news!!!

 

That B**** gave me my kaution back, but after deducting house cleaning charges... (around 200€ - which includes cleaning materials and labour charges)

 

No Worries... at least something is back and she didn't charged me for the complete oven!!!

 

I got it cleaned with the timely help from Huntcrest.

 

In fact the funny part was that the guy from Huntcrest also found her behaviour bad and wished me good luck after cleaning of Oven!!! :lol:

 

Matters sorted as of now!!!

 

Thank God... and of course Thanks TT for all sorts of suggestions and help.

 

Enjoy!!!

Bhupesh

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just tagging my q onto this post.

 

a friend cancelled his rental contract 3 months ago & today they were supposed to do the hand-over. but the landlady called & said the apartment looks like shit, no one painted the ceilings, cleaned the windows or radiators, decalcified the spouts, etc. & a few things need to be replaced before she will let him release the apartment. of course we painted everything (yes the ceilings too) twice b/c the previous tennant had painted the place in lots of bright colors, but the landlady was too timid to demand the old tennant to paint the walls white so my friend & his roommates made a compromise a painted themselves after moving in.

 

problem is, she was supposed to have looked at the place on thursday (during the day, with better light) which of course is a problem for any working person, so he said "here are the keys. get back to me ASAP". she would tell him if anything needed to be done to her satisfaction thereby giving him a week to get things ship-shape & today they would do the hand-over personally. she did not do it on thursday (weather was bad & she couldn#t drive anywhre) & did not even call to tell him this, so he assumed everything was a-ok. problem is, tomorrow is the 31st & there is no way in hell to get everything done by then.

 

will he have to pay rent for the next month? it's a pretty sizable deposit, so i say it's worth taking a day off tomorrow to meet with her & go over things together, but if she stalls...?

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Looks like your friend didn't follow rule #1...

 

Don't give keys back until, you have the green light (Signed Form)

from the owner saying things are OK. If you don't do this then you lost

all your bargining chips, now the owner has the keys AND your $$$.

 

Hopefully your friend might see some of their deposit in a few months minus cleaning expenses..

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General caution: Document the work you have done, get before and after pictures, make sure a witness is present on your side (preferably not related to you) when you do the handover. Even better, take pictures when you move in as well. Don't rely on any verbal agreements, get them in writing. And get legal insurance (memo to self: call agent).

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he gave the landlady a set of keys so she could start showing the place after it was empty & he suggested to her numerous appointments in january to do the hand-over. she denied them all because she said it was her right to look at the place during light of day & she refused to do it on the weekend! that is why they agreed she would look at it on thursday day & they would meet after work tonight for the hand-over.

 

i didn't want to put too much of my nose in his business, but i was afraid the hand-over wouldn't go smoothly. i can't say "i told you so".

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