Problem landlords and rental deposit returns

696 posts in this topic

On 11/23/2018, 11:16:03, alderhill said:

Right, because it's less than three months notice, so she has no issues collecting the 'penalty' (your deposit) for that. None at all. ;)

 

Any evidence of the conversation?

 

What's App is not a written agreement, although it may be permissible evidence in court if two blue checkmarks underneath the message confirm the landlady read the message. Written agreement means certified mail or a fax. ON PAPER. Welcome to Germany.

 

 

Mietverein. Pronto.

 

1) True.

2) Do you know if she charged rent to the new tenant? Having the keys doesn't mean paying rent per se.

3) She's trying her luck on this one, guilt-tripping you. Completely irrelevant. She should be lucky she managed to make a sucker out of you, don't you think?

4) True. (Or did you?)

On 4/18/2018, 9:51:37, Smaug said:

 

No, it's not too late. The Mietverein is NOT an insurance policy. You can get help for existing problems.

 

Join the one in Munich. https://www.mieterverein-muenchen.de/

 

Thank you for your response!

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Folks, I need some help. My landlord came to the apartment to see if everything was alright with the place and signed the Freigabe of the Sparbuch - the bank account we used for the security deposit. A day or two later he said there are problems with mold which he cleaned with special utensils, painted the wall and throw away some furniture. Now, he demands 700 Euros which also includes effort meaning salary for himself. I was rather shocked to hear this. Please tell me if he has the right to do this, to demand claim for damages or sue me after signing the Freigabe of the deposit. We had a move in Ubergabeprotokol and we didn't make another list when he signed the Freigabe bank document fyi. 

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Was the mold visibly present when you moved in?

 

Why shouldnt he pay himself to do it?..   50€ and hour souns about fair... plus materials.. plus there is time needed to get to Baumarkt etc to procure the treatment.

 

I would have said 300-500€ is about right... but havent seen the mold dammaged areas.. 

 

Or would you have prefered to pay a proper company to come and assess/repair the mold infestation?

 

 

 

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Was the rental contract already signed?

 

He can't come after the fact with some new charges.

 

He repaired his own property. Why should you pay?

 

He sounds like a real winner. Join the Mietverein immediately and get their advice.

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Of course he is charging you could implant a threat that you need a bill for working time to claim on your tax.All legala nd then you could implant the threat that you will be informing the Finanzamt because i am damn sure that he is not paying tax on the earnings

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Looking for some advice if anyone can help. We are trying to recover our bond after having already left Germany. The property manager never showed up for two separate appointments to do the flat inspection before we left and is now outright lying by saying that in both instances we made appointments for a date after we were to leave the country. They knew from multiple emails and maybe the official cancellation notice too the date we were set to leave Germany. So a few issues:

-we haven't done the final flat inspection and can't be there to do so

-we left the key in the letterbox at the flat as they never showed and they are now saying we will have to pay a fee for someone to break into the letterbox and repair it

-they have also sent us a bill for betriebskosten for jan-dec 2017 (this might be completely normal but the fact that this bill for 2017 comes up now after living in the flat all of 2018 seems suspicious)

 

any ideas how we are to go about retrieving our bond? i see the mietverein recommended a lot but as we have left germany already the two year minimum sign-up period is a bit off-putting

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Hi Everyone, 

 

I think this is one of my first posts here, I view this forum a lot and it has helped me a lot since moving to Germany from the UK. Sorry for the long post that is coming.

 

I have some questions regarding an issue I am currently facing - not so much of an issue, I just want my money back for my deposit which I am owed (and I feel I am fairly owed).

 

So I moved into a flat in Köln in August 2018, could've been September but definitely in the autumn of 2018 as an Untermieter as the woman who was living there at the time moved to Berlin and wanted to rent out the apartment until her contract ended.

 

This was in the Chlodwigplatz area of Köln. She charged me 780 per month rent as well as an Abschlag of 600 euros which covered the fridge, TV, mirror there and a few other things, which I feel again was a waste of money but as a foreigner in need of an apartment it seemed like the right move.

 

I gave my Kündigung in March (6 months into my tenancy) as my dad had a heart attack and I did not want to stay in Germany knowing that he was unwell and could possibly fall further into illness. There were 3 months notice since announcing the Kündigung.

 

I left on June 30th and lived in an Airbnb for a week before flying back home to England, living in the UK before deciding to move back to Bonn in the autumn of 2019 as I had found a job there.

 

So, now the backstory is out of the way.  I paid a ridiculous amount of rent per month and as a foreigner I know for a fact she fleeced me for the price. I confirmed this once I gave the Besichtigung to the new German couple that moved in that told me they were paying a lot less money and wanted to ask if I was paying the same.

 

The Kaution was 3x the rent price so around 1600 euros give or take.. I closed my Sparkasse account so I am not entirely sure how much exactly, although I can always phone the Sparkasse KölnBonn to check my previous outgoings.

 

So as of now - December 2019 I still have not received my Kaution back from the apartment. This has now been 5 months and I was told there were no issues with the flat as I left, everything was in perfect condition and I was told I would receive the Kaution back as soon as the Nebenkostenabrechnung had been calculated and assessed. 

 

I asked a few days ago and she told me she has received the Nebenkostenabrechnung for 2018 and will receive the one for 2019 in March when she is back in the Rheinland area. Once this has been calculated she will take away anything that I need to pay and give my deposit back (8 months since I left the property).

 

Is this legal? I am more than willing to admit that as a foreigner desperately searching for a flat I signed the contract knowing it was too expensive and I can say I have learned my lesson in this regard. However, I feel it is unfair to still hold my Kaution which is around 1500 euros. 

 

I am sure she will try to fleece me here as well, I am willing to take a 500 euro loss on the Kaution, although more than that feels unfair.

 

I work with lawyers and I am tempted to get one of them to write a letter demanding the money - if I am in the right.

 

I still have the contract, the written abschlag, the text messages from her and screenshots I took every month to show that I paid the rent. 

 

Please help Toytown! and once again, sorry for the long post!

 

 

 

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Hello,

 

My boyfriend has a very dodgy contract and is about to leave. Everything is in cash, including the deposit (which appears to have been held illegally i.e not in a separate bank account). The landlord is asking for a rent increase at the end of the tenancy, but it was never written into a new contract.

 

My boyfriend has decided to withhold the rent to get back the deposit - as he does not think this will be returned to him in full at the end of his tenancy i.e the rent increase will be taken out. He's explained to the landlord that he is very happy to pay for any damages (which there is none) but not for the rent increase. The landlord is now threatening to change the locks after my boyfriend handed in his notice and explained the situation.

 

Can the landord legally do this? Could he change the locks/hold my boyfriends belongings without some sort of court order? If he can change the locks could my boyfriend just change the locks again to get back in to the apartment?

 

Any help gratefully received Toytown!

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He does not have to accept the rent increase but if he is leaving anyway, what's the problem?

 

As for withholding the rent, he needs to go to the Mietverein straight away for consultation.

 

You failed to say where he lives or why he paid everything in cash.

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Hello,

Although our former landlord caused us no problems in the 5 years that we rented the apartment, everything went no problems during the Ubergabe at the end of October, we have not received our deposit since then.

I called the lady 4 or 5 times, told her about this, and every time she said very kindly that this is taking some time, but she will eventually make the payment.

Now it's already March and I am starting to believe that she just delays this.

What can I do do show that we are not going to let go of the deposit?

I asked my colleagues and they told me to write a letter and give a deadline by which the deposit should be paid back, or else ...

Can somebody help with a template for such a letter?

Thanks!

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Letter with a deadline but offer that she retains 15% to cover for un-expected nebenkosten.. 

 

Send it Einschreiben mit rückschein.. 

 

 

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Wir hatten bei Einzug in die Wohnung von ADRESSE eine Kaution in Höhe von €x.xx geleistet, die abzüglich gerechtfertigter Forderungen bei Beendigung des Mietverhältnisses nebst Zinsen zur Auszahlung fällig ist. Der Einbehalt des gesamten Betrages wegen etwaiger Teilforderungen ist nicht gestattet.
Wir fordern Sie auf, einen Betrag von (90% of the deposit) bis 30.03.2020 auf das Konto (bank details) zur Auszahlung zu bringen:
Alternativ wollen Sie bis zum gleichen Datum eine realistische und begründete Schätzung über die zu erwartenden Forderungen, die den gesamten Kautionsbetrag nebst Zinsen erreichen oder übersteigen, vorlegen.

 

Can somebody check if the formulation is correct? Thanks in advance.

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Hello,
I have questions regarding how the landlord can claim damages from the deposit. I left my apartment on 31 March 2020 and since then was regularly messaging the Landlord to return my Kaution. He kept delaying and giving excuses on Whatsapp sometimes not even answering the messages. He had generally become irritable and arrogant after I had given my 3 month notice. 
 
After failing to get responses via Whatsapp, I read on various forums that you have to send a registered mail with a return receipt demanding your Kaution. I did this on 7 October and he promptly sent me a letter on 9 Oct saying he will deduct charges for 
Installation of a new lock - 100
Fixing a window - 60
Cleaning - 50 
Heat costs security - 100 (because they have not been calculated). My Kaution was 700 and he returned 390 by bank transfer on 13 October.
 
------------------------------------------
My letter in German is as follows, in case someone wants to use it as a template:
 
Sehr geehrte...,
ich fordere Sie auf mir die Kaution in Hohe von 700 E bis spatestens zum (insert two weeks from present day) 20.10.2020 zuruckzahlen an mein Konto...
 
send it via Einwurf Einschreiben that can be obtained at a German Postoffice for 3 Euro.
 
His response is in German and as follows (his reposnse was by regular post, not registered)
--------------------------------------
"wie bereits bei der Ubergabe mit Ihnen besprochen, mussen Sie fur die Kosten des Wohnungseingangsschlosses aufkommen, da Sie dies durch eigenstandige Reperaturversuche und Mutwilligkeit vollig unbrauchbar gemacht haben. Die kosten inklusive Einbau belaufen sich auf 100E. Des weiteren war laut Ubergabeprotokoll vom 31.03.2020 das Scharnier des linken Fensters im Wohnraum defekt, wodurch das Fenster nicht mehr gekippt werden konnte. Auch dieser Mangel wurde unsererseits behoben und kostet 60E. Zu Letzt fallen noch 50E fur die Grundreinigung der Wohnung an. Da die Heizkostenabrechnung von 2019/2020 mir noch nicht vorliegt, halte ich zur Sicherheit 100E fur eventuelle Nachzahlungen ein. Sollte dies nicht der Fal sein, erhalten Sie diese ebenfalls zuruck
 
Somit erhalten  Sie eine Kautionsruckzahlung in Hohe von 390E innerhalb der nachsten 7 Tage pe-r Uberweisung von mir zuruck"
--------------------------------------------
 
I did not attempt to repair the lock neither did I damage it. It was not smooth from the beginning and one day it jammed. I called the landlord, he came and replaced it. He did not say anything about charges at that time. Even the window that they are claiming was the way it was,but they were not willing to listen to my explanation. I did not accept any damages on the day of move out and have a photo of the signed Ubergabeprotokoll without the window damage recorded. 
 
There was no Ubergabeprotokoll when I moved in and they did it during the move out, but as I said earlier, I did not agree to any damage at that point. So I have a Ubergabeprotokoll that only says the room must be cleaned once. 
 
The 50 Euro for cleaning and 100 Euro for heating costs are ok but the other 160 Euro does not seem fair. It was not my mistake and he did not mention anything about the charges during move out. All this while, I was messaging him and he never mentioned anything about those charges.. He even messaged once saying that he can wait if he wants till April next year to pay me. What is bothering me is why come up with this now, he could have said this earlier and it could have been amicably resolved. From his behaviour, it seems that he did not want to return the Kaution at all but the letter forced him to act.
 
 
My questions are as follows:
 
1) I read the german civil code title 5, section 548 which says, landlord has to claim damages within 6 months after moving out, does it apply in this case? He did not inform me about the costs in anyway before this letter. 
 
2)can the landlord simply deduct the money the way he wishes without any documentation?
 
3)I am an international student and do not have legal insurance, do you think it is worth to pursue this 160 Euro or accept it as loss and move on?
 
4)There is a Kleinreparatur clause till 100 Euro in my contract. Will this make a difference?
 
I would be happy if someone could help me with this, even advice as to whether this is worth pursuing would be appreciated
 
Thank you
 
@sarabyrd I read a lot of replies by you here and they have all turned out to be correct and precise. I would be very thankful if you could give suggestions here
 
 
 
 
 
 
 
 
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